New York Marriage Separation Agreement
Dedicated To Helping Families Navigate Difficult Transitions
Separation Agreement—Long Island Attorney
Do you need an agreement with your spouse, but maybe divorce is not appropriate. A separation agreement may outline the vast majority of divorce issues, but will still afford you the rights to share insurance (i.e. health and car insurance) and file joint taxes together. A separation agreement can often easily convert into a judgment of divorce.
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What Is a Separation Agreement?
A marital separation agreement may provide the same protection as a divorce contract. However, it does not require getting a legal divorce. In this case, it provides the legal benefits of the marriage. For example, remaining on insurance as spouses (i.e., health insurance, car insurance, life insurance, etc.) and filing joint personal tax returns.
Difference between Separation Agreement and Divorce
The sole difference between a marital separation agreement and a divorce agreement is severing the legal marriage between the two parties.
Do You Need a Separation Agreement before Divorce?
A separation agreement is unique to certain circumstances and is not required before a divorce. However, if you wish to get divorced after entering into the separation agreement, it can simply be converted into a divorce.
Child Custody While Separated
If child custody is a part of the terms of your separation agreement, then you may need to consult with an attorney prior to seeking court intervention to modify the custody provisions. If you are separated from the other parent and have not filed for child custody previously, then you are entitled to file for a child custody order in a court of competent jurisdiction.
Can You File for Child Support While Separated?
If child support is a part of the terms of your separation agreement, then you may need to consult with an attorney prior to seeking court intervention to modify the support provisions. If you are separated from the other parent and have not filed for child support previously, then you may be entitled to file for a child support order in a court of competent jurisdiction.
Spousal Support during Separation
If spousal support is part of the terms of your separation agreement, then you may need to consult with an attorney prior to seeking court intervention to modify the support provisions. If you are separated from your spouse and have not filed for spousal support previously, then you may be entitled to file for a spousal support order in a court of competent jurisdiction.
Custody of Pets in Separation
Pets are deemed property subject to equitable distribution and may be included in separation agreements.
Find Out If a Separation Agreement Is in Your Best Interest
A full consultation will better provide answers as to whether a marital separation agreement suits your needs better than a divorce stipulation of settlement. There will be pros and cons to each that will be better addressed in considering the totality of the circumstances in your matter. To get started, call (631) 664-0000 or submit my free consultation form
Very truly yours,
Samantha R. Gellman-Carollo, Esq.