Separation is a legal process in which a married couple may formally separate without getting a divorce. Couples who are legally separated are still married, but live apart. Some couples will go thru a trial separation before going thru with a divorce. Other couples will separate while dealing with a dispute. The Edelsteins, Faegenburg & Brown LLP Attorneys at Law are divorce attorneys in New York City and can advise you on separation arrangements.
Unlike an informal separation, the rights and obligations of each spouse is clearly defined in a legal separation. Like divorce negotiations, separation arrangements will include:
- Child custody
- Child support
- Visitation rights
- Spousal support/financial support
- Division of property and assets
In addition, legal separations can protect the arrangement made. If a spouse does not meet his/her obligations in regards to child support or spousal support, then legal actions can be made against the offender. It is important to reach a separation agreement that satisfies your short-term and long-term needs in the event you do not reconcile or decide to get a divorce.
If you and your spouse do decide to file for divorce, you can keep the same arrangement from your legal separation. This can make your divorce easier and resolved quicker. However, you are not required to keep the same arrangement, but it can be a good starting point in divorce negotiations.
There are additional benefits from legal separation including:
- The ability to retain medical benefits for the entire family
- Maintaining religious beliefs that do not permit divorce
- Allows military spouses to obtain benefits thru the United Services Former Spouse Protection Act. You must be married for at least ten years to take advantage of these benefits.
- Entitles a spouse to some social security benefits which can only be obtained after ten years of marriage
There are also other benefits of legal separation in regards to filing taxes. An attorney experienced with legal separations can advise you of these benefits for the state that you live in.
