SEPARATION

New York Attorney Ella KohnThere are times when it may be advantageous to a party to enter into a Separation Agreement or bring an Action for Separation instead of a divorce. There are generally three reasons that a party may want to consider a Separation instead of divorce:

  • The parties want to live separate and apart from each other but may reconcile in the future and do not want to terminate the marriage.
  • The parties want to divorce but do not want to lose certain benefits such as medical benefits, retirement benefits or tax benefits from the other party so the parties separate rather than divorce.
  • The moving party would rather get a divorce but their spouse refuses to consent to a divorce but will consent to a separation agreement. It may be beneficial to separate but not divorce so as to avoid protracted litigation with the knowledge that the Separation Agreement can be converted to a divorce without further grounds after one year.

Either party can convert a Separation Agreement into a Judgment of Divorce after a year of living separate and apart without any further grounds.

There are two ways to get legally separated; with a separation agreement or with a formal litigated action for separation. Living separate and apart without either a separation agreement or a judgment of separation will not be considered being separated under New York State Law.

  • Separation Agreement
    Most parties legally separate by way of a separation agreement. That agreement will contain all of the terms of the separation, which terms will control if the parties divorce. The agreement can address custody and visitation, child support and maintenance, the exclusive use and sale of the marital residence, the distribution of assets and debts of the parties, the tax issues of the marriage, and a host of other issues. Just like an uncontested divorce, a separation agreement is a cost effective method as it does not require the costs and expenses of litigation.

  • Action for Separation
    If you want to be legally separated but your spouse will not consent, an action can be brought in Supreme Court for a judgment of separation. The relief granted in such an action will be a Judgment of Separation instead of a Judgment of Divorce, and any ancillary relief such as custody, visitation, support and other related relief.

If you are interested in a Separation Agreement or an Action for Separation, or you received an agreement or were served with a summons, you should immediately consult with an experienced divorce lawyer to ascertain your obligations and protect your rights. Ella A. Kohn, Esq. handles matrimonial and family law actions across New York including in Westchester and Putnam counties as well as New York City and Long Island and is available to assist you in protecting your rights.

Contact Ella A. Kohn about your legal matter today!

Call (914) 358-5500 to arrange for a free consultation.

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Ella A. Kohn
Attorney At Law
235 Main Street, 3rd Floor
White Plains, NY 10601
(914) 358-5500

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