Advice on Legal Separation in NY

Long Island separation and divorce lawyers can help

When couples separate but do not file for divorce, their marriage is in a sort of limbo. A lot can happen during this separation stage that may affect child custody, support, taxes, assets and debts. A legal separation document can protect you and help establish your rights if it comes to divorce.

Attorneys at Bryan L. Salamone & Associates, P.C. have handled hundreds of separations. We have the experience and know-how to structure a separation agreement to match your circumstances.

Why choose separation over divorce?

Couples often separate legally to lay the groundwork for a no-fault divorce to follow. Living apart for at least six months is evidence that the marriage has "irretrievably broken down." In cases where one spouse might contest the divorce, a one-year separation can be grounds for divorce. However, couples who don't intend to divorce might also seek a legal separation for several reasons, such as:

  • Religious reasons — Although the couple can no longer live together as husband and wife, their religion forbids divorce
  • Continued insurance coverage of a spouse — If one spouse gets his or her insurance from the other's employment, that coverage would terminate upon divorce
  • Trial separation — The couple still has a hope of reconciliation
  • Tax reasons — Married couples filing jointly, where one spouse makes considerably more than the other, enjoy tax benefits
  • Qualification for Social Security benefits — Spouses must be married for ten years in order to qualify for survivor benefits

Your separation agreement can be the blueprint for your no-fault divorce

As noted above, separated couples are often laying the groundwork for a divorce to come. Often, the court accepts the legal separation agreement they've been living under as the framework for the divorce order. Therefore, you must treat your separation agreement with the same urgency you would a divorce negotiation. You need aggressive representation to secure your rights, even if you hold out hope for reuniting in the future.

Contact us for free to learn how we can help with your separation

No matter what the reason is for your legal separation, our legal team can tailor an agreement that meets your objectives and protects your rights. For additional information about separation, please call us at 631.424.3597 or contact us online to schedule your free consultation.