When a marriage is not working out but the two spouses are not ready to pull the trigger on divorce by filing an official complaint, they may decide to separate for a period of time and use the distance to determine if they want to work on the relationship or call it quits. In this case, they may require a separation agreement to ensure clear communication and an outline of the terms of their separation. If you are considering separation and have questions regarding the agreement or process, consult with a skilled Suffolk County legal separation lawyer for more information and skilled legal advice.
What is a Separation Agreement?
A separation agreement is a legally binding document that outlines the terms and conditions that a married couple must abide by when they agree to live apart. This type of agreement is generally used when couples decide to separate but are not quite ready or sure if they want to get divorced. It helps establish clear guidelines during the separation process and addresses a variety of aspects of the couple’s relationship.
What is Included in a Separation Agreement?
Separation agreements are very comprehensive documents and must address a wide range of aspects of the couple’s relationship. Some of the most common elements included in this type of contract include the following.
- Where you will live: To be separated the spouses must live separate and apart at all times.
- Division of property: One of the most important aspects of a separation agreement is the division of assets and debts. The agreement will outline how the couple’s joint property will be divided including real estate, bank accounts, retirement funds, personal possessions, and more.
- Financial responsibilities: It must also be decided who will be responsible for paying which bills, any outstanding debts, etc.
- Alimony: The agreement may also include alimony or spousal support. If one spouse is financially dependent on the other, alimony may need to be addressed. The agreement will specify which spouse will pay the other, the amount of alimony, the duration of payments, and more. The details will vary depending on the length of the marriage, the receiving spouse’s financial needs, the paying spouse’s ability to pay, and other relevant factors.
- Child custody: The agreement will contain custody information for any shared children including if one spouse will receive sole custody, if it will be shared, schedules, visitation, and more.
- Child support: Child support is another important aspect of a separation agreement. It will provide information about which spouse pays child support and the amount based on state guidelines regarding a child’s needs like housing, food, clothing, education, and more.
It is important to understand that in New York, courts do not grant legal separation. It is something that you and your spouse agree to on your own and the agreement simply acts as a contract to ensure you both abide by the agreed-upon terms.
For more information on separation in New York, reach out to an experienced attorney today.
