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Nobody enters into a marriage believing it will one day end in divorce, but that’s the case for roughly half of all marriages. In Long Island, the divorce process often begins with the spouses obtaining a legal separation. Understanding how this works and what it means for your legal rights is essential to protecting your future.
Find out how the Saul Law Firm, LLP can work for you. We are seasoned family law attorneys who understand what it takes to negotiate and draft enforceable legal separation agreements.
The Basics of Legal Separation in New York
A legal separation is sometimes the first step towards a divorce. Although the spouses are still married, they can begin living separate lives. They can also enter into a written agreement that addresses many of the issues that arise in divorce such as child custody, child support, spousal support (alimony or maintenance), and marital property division.
The separation agreement is an important protection for both spouses because it clarifies the above-mentioned issues and thereby settles the spouses’ respective legal rights. To make the agreement official and legally binding, it needs to be signed, notarized, and filed with the appropriate county clerk. After one year of separation, the spouses can convert the agreement into the terms of their divorce.
Why Have a Separation Agreement?
If you and your spouse reside in Long Island and are considering a divorce, you may wonder what benefit there is to entering into a separation agreement and remaining married (though separated) for at least one year. These are a few advantages:
- The separation agreement is not a permanent divorce and allows the spouses to resume their marriage if they have a change of heart.
- With a separation agreement, any health insurance benefits that attach to the spouses’ marriage will remain in force since they are still legally married
- The spouses can still file their tax returns as married and enjoy the benefits thereof.
- Social Security allows a married spouse (including one who is separated) to start collecting benefits once the earning spouse collects their own; if you divorce, you would need to have been married for at least 10 years to receive these benefits
- Some individuals prefer a legal separation to a divorce for legal, cultural, or social reasons
Legal Implications of a Long Island Legal Separation
Bear in mind the following additional points as you consider obtaining a legal separation:
- You will still be legally married during your separation period and therefore unable to remarry
- The terms of your agreement are binding and enforceable in court, and you should only agree to them after consulting an attorney
Documentation You Need For Your Agreement
Because a legal separation agreement can resolve many of the issues arising out of marriage, you should work with a knowledgeable Long Island family law attorney. It usually starts with collecting the following documents, among others:
- Text or other written correspondence between you and the other spouse
- Copies of your pay stubs, bank statements, and tax returns
- Copies of any loans or promissory notes
- Life and health insurance policies you have
- Auto and other insurance policies pertaining to any marital property
- Details about your family business if you own one
- Your regular work schedule
- A list of your monthly expenses for yourself and for your child if you’re a parent
- A list of your marital property and debts
- A record of the times you and the other parent have visited with or had custody of your child
- The names of your child’s school, doctor, and any extracurricular activities your child is involved with
- If you were previously married, any prior court orders or agreements with your former spouse
Your attorney will recommend other documents according to your unique situation. All of these will be helpful for settlement discussions as you work towards drafting an agreement.
Serving the Family Law Needs of Long Island Clients
Having the right attorney in your corner can help make the separation process less stressful while protecting your rights and interests. Get started working on your legal separation agreement by contacting the Saul Law Firm, LLP today.