Pulling away from a relationship, especially marriage, is never easy. However, separation agreements make the complicated experience of parting ways much simpler. It leaves the option open to transition toward a divorce or reconcile and continue the marriage.
A Pittsford divorce lawyer like Michelle Cimino is ready to help you understand the benefits of separation agreements and what to expect during the process.
What Are Separation Agreements?
A separation agreement is a contract between two spouses who wish to live on their own but are not ready to finalize a divorce. The agreement might be a flexible option that allows the couple to reconcile or pursue a divorce. The agreement outlines responsibilities and rights during separation, similar to what you see in a divorce decree. However, a separation agreement in and of itself does not end a marriage.
Separation agreements work for couples who:
- Want to live apart but stay legally married.
- Are considering divorce and want to settle issues first.
- Need a temporary structure for finances, parenting, and support while deciding what to do next.
- Want to preserve benefits like health insurance while separated.
A separation agreement almost always includes certain information, such as the division of assets and debts, as well as who stays in the marital home and who moves out. It also usually determines issues surrounding child support and child custody. Lastly, it establishes a schedule for alimony. Sorting out these issues can make a final divorce easier.
There are many reasons a couple would prefer a separation agreement over a more final divorce process, especially given that they initially agreed to share their lives together. They’re a way to avoid or delay a potentially contentious or expensive divorce process. Going through a separation agreement allows for more control over outcomes than leaving decisions to a judge and can be a more private process. Lastly, it provides a clear roadmap for whether to pursue a divorce or reunite with your partner.
Separation Agreement Process in New York
In New York, a separation agreement is a legally binding agreement. To be enforceable, it must be in writing, signed by both parties, and agreed to voluntarily. A notary public must also formally acknowledge both parties’ signatures on the final agreement.
Both spouses must provide complete and honest disclosure of all their income, assets, debts, and expenses. Failure to do so can invalidate the agreement later on.
Next, both parties negotiate the terms and reach an agreement on key issues. Experienced Pittsford attorney Michelle Cimino can help craft the agreement in clear, specific language during this process. This will ensure it meets the state’s legal requirements for marital agreements.
Once notarized, the agreement is legally binding, and you and your partner must abide by it. You have the option of filing the agreement with the Monroe County Clerk for a fee of $5.00. Filing creates a public record in case the original agreement is lost or destroyed.
You’ll have the option to incorporate a separation agreement into a divorce judgment down the line. Some terms can be modified if circumstances change, though the ability to modify depends on whether the agreement merges into or survives the divorce judgment. Child support and custody can typically be modified based on the child’s best interests, while spousal support may be harder to modify if the agreement survives as a separate contract.
For clarity on how to move forward with an effective separation agreement, speak to an experienced Pittsford divorce attorney like Michelle Cimino. With over 20 years of experience serving the greater Rochester area, she knows how to compassionately work with couples who think separation is best.
Considering Separation? Speak Confidentially With Michelle Cimino
If you’re considering leaving your spouse, but you’re unsure about how the divorce process will affect you, a separation agreement is a way to separate your lives while leaving the option open to reunite or fully divorce. It’s still a legally binding agreement that establishes how key issues that would be addressed in a divorce are handled.
Michelle Cimino is an experienced Pittsford divorce attorney ready to help you explore all of your options as you consider separation. Schedule a confidential consultation to learn how she can help you.
