If you and your spouse decide to separate, but not yet divorce, then it will be advantageous to create a separation agreement. A separation agreement, in the State of New York, is a detailed contract that establishes how issues of finance, division of assets, visitation and other marital circumstances will be treated while you and your spouse live apart yet are still legally married. The contact is enforceable by the courts in the event of non-compliance, and it will also provide the baseline for a divorce agreement should that situation arise.
There are several advantages to legal separation compared to divorce. These advantages are as follows:
- Marital status is maintained for religious reasons.
- Maintenance of benefits like health insurance and social security if you are married for ten years or more. Taxes may also still be jointly filed.
- New York State offers no fault divorces if the marriage is irretrievably broken for six months or if separation has existed for one year or more. The separation agreement can easily be turned into a divorce agreement
If you would like more information regarding family law matters such as legal separation, contact the Law Offices of Stacy Sabatini, Esq. at (845) 243-0295 or fill out our online form to schedule a free consultation