Legal Separation Attorneys in White Plains, NY
Legal Separation Assistance in Westchester, Rockland, Putnam, Dutchess, Suffolk, Nassau, Rockland & New York Counties
In New York State, a legal separation is a formal, court-recognized process allowing married spouses to live separately and apart while maintaining their marital status. This arrangement provides a legally binding framework for handling all critical matters typically addressed in a divorce without actually dissolving the marriage.
Couples may choose to pursue legal separation for a variety of practical and personal reasons. Often, couples want to formalize their living and financial arrangements and experience an extended trial period before deciding on permanent divorce. Financial considerations, such as a desire to maintain spousal health insurance coverage or other benefits tied to the marriage, frequently drive the decision to separate legally rather than divorce. Additionally, certain religious or moral objections to divorce can make a legal separation the preferred or only acceptable path to formalizing a separate life.
If you are seeking a legal separation from your spouse, our team at Nolletti Law Group PLLC can provide solutions-driven support and put our culture of excellence to work for you. We can work closely with you to understand your priorities and draft a comprehensive Separation Agreement that specifically addresses and resolves issues like property division, child custody, visitation schedules, and spousal and child support. Our firm is led by a board-certified family law litigator who is a founding member of the AACFL’s New York chapter with nearly five decades of experience. We are prepared to represent high-net-worth individuals with complex assets, and our selective approach allows us to provide a high level of personal attention and advocacy as we work to resolve any disputes that may arise.
We can meet with you virtually and answer your questions about this process and its implications. Contact us online or call (914) 768-2902 to request an initial consultation with our legal separation lawyers in White Plains, NY.
How Legal Separation and Divorce Are Interrelated in New York
Traditionally, a separation agreement would be a mirror image of a divorce agreement. It should resolve all typical divorce matters, including child custody and support, spousal maintenance, and property division.
With respect to property division, any couple seeking a legal separation must follow the same process of categorizing all assets as either marital or separate property. Marital assets are generally those that are acquired during the marriage, with some important exceptions. The couple must value, consider the tax implications of, and equitably distribute these marital assets. Some assets are easy to value, while others may require financial experts. There may be conflicts over what assets are subject to division or their true value that our attorneys can help you navigate.
It should be emphasized that a legal separation can remain in place indefinitely if both spouses do not wish to convert it into a divorce. However, either party can ask the court to convert a legal separation into a divorce after one year has passed from the date the separation agreement went into effect.
Because a separation agreement can form part or all of a subsequent divorce agreement, it is in the best interest of both spouses to retain legal representation and achieve complete financial disclosure before proceeding. A valid separation agreement’s terms will typically continue to be in effect if a spouse initiates a contested divorce in the future.
There is one important exception: When parties sign any separation agreement that includes provisions concerning their children, the court always has the authority to modify the child-related terms of the agreement. The reasoning is that the children were not parties to the agreement, and a court can change terms that are inconsistent with their best interests. At any point after the separation agreement has been finalized, one of the parents or the children can petition the court to revise the sections pertaining to the children, presenting proof to show why one or more contractual provisions are not in the children’s best interest.
