April 16, 2021, Robyn D. Weisman, Esq., President of Divorce Mediation and Family Services of New York
If you and your spouse decide to live separate and apart, but you do not want to divorce, you can go for a legal separation. A legal Separation does not involve Court intervention when done through mediation. A legal separation can give you and your spouse the time apart you need while you try to repair a marriage that may be in jeopardy of ending.
To do this you enter into a Separation Agreement.
WHAT IS A SEPARATION AGREEMENT?
A separation agreement is a written agreement that you and your spouse voluntarily sign without involving the court. Often, a separation agreement can allow you and your spouse the time apart you need while you try to repair a marriage.
A separation agreement gives you the opportunity to work out problems, slowly and over time, without the pressure of a divorce action hanging over your head. There may be other financial reasons to go for the separation instead of a divorce right away. These concerns can be health insurance related, tax interests and/or retirement benefits.
If you decide to eventually go for a divorce, you would not have to enter into another agreement, unless you decide to make changes.
As part of the separation agreement, you and your spouse decide on a number of important issues, such as child support and spousal support (called maintenance). A written separation agreement will clearly set out the rights and obligations of you and your spouse, both during and after the separation.
More importantly, especially when there are minor children of the marriage, a separation agreement allows you and your spouse to work out the details of custody and visitation in advance, as well as provide for child support and additions to child support (called add-ons), such as health insurance, education and daycare for children.
If you and your spouse begin living separate and apart under a separation agreement, you are free to get back together at any time. A separation agreement generally becomes invalid and void when you begin living together again with an intent to reconcile. However, your separation agreement can say that it is not void if you start living together again and that you can void the agreement by a second separate writing.
Although New York law now provides for a no-fault divorce, if you or your spouse can establish that you have lived separate and apart under a written separation agreement for at least one year, then you may obtain a judgment of divorce on that basis alone. The separation agreement will be submitted as part of a divorce decree, if you or your spouse decides to seek a divorce.
A mediator can work out the terms with you for a legal separation but remember only an attorney can draft the legal document.
Robyn D. Weisman, Esq., Attorney, Mediator, Collaborative Lawyer, Director of Divorce Mediation & Family Services of New York, Ltd. 631-465-2140 or visit us at www.divorcemediationandfamilyservices.com
With office in Long Beach, Nassau County and Melville, Suffolk County New York and New York County
