When married couples no longer wish to remain together, they will typically get a divorce. However, there are cases where religious reasons, tax benefits, continued insurance coverage, and other issues may make getting a divorce too impractical or prohibited altogether. In these instances, some couples will consider legal separation. If you’d like to learn more or require assistance through the legal separation process, simply contact a Long Island family lawyer from the Law Offices of Jay D. Raxenberg P.C. today.
How is Legal Separation Different Than Divorce?
While both legal separation and divorce allow couples to live apart and establish boundaries regarding property, finances, and parental responsibilities, there are significant differences between the two. The primary distinction lies in the legal status of the marriage. With a divorce, the marriage is formally dissolved, and both parties are legally free to remarry. A legal separation, however, does not end the marriage. Couples remain legally married but live independently under a court-approved agreement that outlines spousal support, child custody, division of assets, and other critical matters.
Another key difference is that legal separation may provide certain benefits that divorce does not. For instance, couples can retain shared health insurance coverage, access specific tax advantages, and uphold religious beliefs or moral values that oppose divorce. In essence, legal separation serves as an alternative for couples who wish to formalize their separation without terminating their marital bond completely.
Why Do Couples Consider Legal Separation?
Couples choose legal separation over divorce for a variety of personal, practical, and financial reasons. Here are some of the most common considerations:
- Religious Beliefs: Some individuals or families may have religious doctrines that discourage or prohibit divorce. Legal separation provides a way to live apart while respecting these spiritual commitments.
- Health Insurance Benefits: If one spouse relies on the other’s employer-sponsored health insurance, legal separation may allow continued coverage, which might not be available after a divorce.
- Tax Benefits: Legal separation can help spouses maintain specific tax advantages, such as joint filing or beneficial deductions that they would lose after a divorce.
- Social Security and Retirement Benefits: Remaining legally married may allow spouses to qualify for Social Security benefits based on their partner’s earnings record or retain eligibility for other retirement-related benefits.
- Hope for Reconciliation: Some couples opt for legal separation as a temporary measure while deciding whether to pursue a divorce or try to mend their relationship. It allows them to establish guidelines for living apart without making the final step of divorce.
- Financial or Asset Considerations: Couples with significant shared assets or complicated financial situations may find it advantageous to stay legally married while resolving these matters.
- Parental Considerations: Parents may prefer legal separation to minimize disruption to their children’s lives, maintaining a semblance of stability while creating clear custodial arrangements.
- Moral or Emotional Reasons: The emotional weight of divorce can be too great for some individuals, who may feel more comfortable opting for separation as a less drastic step.
What is the Process Like in New York?
The process of obtaining a legal separation in New York is structured yet allows flexibility in the way agreements are formed. A brief outline of the process is as follows:
- Draft a Separation Agreement: The process begins with drafting a comprehensive separation agreement. This document outlines the terms of separation, including spousal support, child custody, visitation rights, division of property, and financial obligations. Both parties must agree to these terms.
- Negotiation and Agreement: Both spouses and their attorneys can negotiate the terms until a fair and mutually acceptable agreement is reached. It is crucial to address all issues carefully, as this agreement will be legally binding.
- Sign and Notarize the Agreement: Once the terms are finalized, both parties sign the separation agreement in the presence of a notary public. This formalizes the agreement and makes it enforceable by law.
- File the Agreement with the County Clerk (Optional): Although not mandatory, filing the separation agreement with the County Clerk’s office in the appropriate jurisdiction may be beneficial. Doing so can protect the document and make enforcement easier should issues arise later.
- Living Separate and Apart: After signing, the couple must live separate and apart as per the terms of the agreement. If either party violates the agreement, it can be enforced through the court system.
- Modification or Conversion: If circumstances change, the agreement can be modified with mutual consent. Alternatively, couples who later decide to divorce can use the separation agreement as the basis for divorce proceedings after meeting the required separation period.
Contact a Nassau County Legal Separation Lawyer
Deciding to separate and then creating an arrangement that works for your family can be difficult. However, with a competent lawyer, you can be sure that your financial interests and other needs are protected to the fullest extent. Of course, the outcome of your legal separation will affect you, your spouse, and your children, which is why you shouldn’t hire just any attorney to handle your case. The Law Offices of Jay D. Raxenberg P.C. has extensive experience representing clients through legal separation, and we stand ready to put that experience to work for you. Contact a Long Island legal separation lawyer today.
