What is Legal Separation?
Some couples decide not to divorce and instead to legally separate.
They remain married, but usually stop living together. In a legal separation, spouses make living arrangements and abide by obligations and responsibilities they’ve worked out voluntarily and put in writing. To be clear, the terms of the written agreement are binding and can look a lot like the terms of a divorce: division of home, cars and assets; child custody and support; and who pays which bills. You should have a lawyer prepare or review a separation agreement and make it legally binding if that is your intention.
The written separation agreement, if properly executed and notarized, is a legally binding contract. If a spouse violates the written agreement, a court can enforce it.
Can a Couple Write Up a Separation Agreement Themselves?
While a couple can write up the agreement themselves, typically their attorneys will draft it to ensure it’s comprehensive, fair and enforceable. It’s wise to hire a family law attorney to draft this agreement since it can become a basis for obligations in a divorce should you decide to file. There are state and federal laws which impact settlements and it is crucial that the correct language is included in any written agreement. The agreement must be signed and notarized, after which it may be filed with the County Clerk.
Why Choose a Legal Separation Instead of a Divorce?
Reasons couples opt for a legal separation can include:
they’re unsure if they want to get divorced
they can’t afford to get divorced
they’re motivated by a financial benefit, like continued medical insurance
Drafting an Optimal Legal Separation Agreement Requires a Skilled Attorney
You may want to opt for legal separation for all sorts of reasons, including avoiding the finality of divorce, but hire a trusted family law attorney to help you with the agreement, help you carefully consider its terms and ensure the terms protect you and comply with the law.
An attorney with over 30 years of experience in New York divorce and family law, Faith is skilled at drafting a legal separation agreement in the best interests of you and your family — now and down the road. Her goal is to ensure all families flourish every step of the way and to lead them to successful resolutions. Contact Faith today for a consultation.
