New York City attorney Advise on Legal Separation Agreements
Firm helps protect your interests if you live apart from your spouse
When a marriage doesn’t seem to be working, many couples decide they need time apart to evaluate their situation. However, there are risks to simply deciding to live apart without an agreement on how to treat marital property or provide for the children you share. To ensure greater security for themselves and their children, spouses often enter into a legal separation agreement. At Goldberg Sager & Associates in Brooklyn, we help New Yorkers who might not be ready for a divorce or whose religious convictions prevent them from dissolving their marriage. If you want trustworthy counsel on this issue, a Brooklyn attorney for legal separation at our firm will guide you through each step.
Why New York spouses might consider a legal separation
There are several reasons an aggrieved spouse might opt for legal separation instead of divorce:
- Legal separation can be easily reversed if the couple reconciles
- Some couples wish to keep their marriage intact legally for the sake of the children
- Religious prohibitions against divorce
- Spouses can continue to file joint tax returns, which might offer a financial benefit
- A spouse can stay on their husband or wife’s health insurance policy
If the couple is uncertain about divorce, a legal separation agreement can lay the foundation for a divorce settlement in the future. However, a legal separation is not appropriate for a spouse who wants to remarry, because the existing marriage is not dissolved.
Creating a separation agreement versus getting a divorce
Generally, it is much less expensive and time consuming to negotiate a legal separation agreement than to litigate a divorce. Couples tend to be much more cooperative, since there is less finality associated with a separation. This helps facilitate the process. However, couples with complex marital estates and minor children can still disagree about numerous issues, and they might be unwilling to yield even if they view the separation as a temporary measure.
What is included in a New York marital separation agreement?
Couples seeking a legal separation must resolve the issues that come up in all types of divorces. They must come to an agreement about alimony, child custody, child support and the division of their marital property.
Preparing for a legal separation
Parties should prepare for a legal separation as they would for a divorce. It is important to gather all financial documents, so that both parties can make a fully transparent disclosure and meaningful discussions about support and property division can begin. If you have concerns about your children, such as where they will live or who will have custody, any documentation you have about their circumstances can help your attorney negotiate for an appropriate arrangement.
How long will a legal separation last?
A legal separation remains in effect until the spouses reconcile or get a divorce. A legal separation also terminates upon the death of one spouse. If at any time you wish to convert your separation to a divorce, a lawyer for uncontested divorce at our firm can help you expedite that process.
