There are those in the Buffalo area who might see a need to live apart from their spouses but who do not want a divorce.
- There are some who might have strong moral or religious objections to divorce.
- There are others who may just want some more time before divorcing.
- On a related point, some might be trying to hold out hope for reconciliation.
- Sometimes, a parent might worry how a full-fledged divorce will affect their children.
- There are sometimes financial or other benefits to remaining legally married, but a person in this situation may still require legal protection.
Under New York law, a couple can get a legal separation by living apart and filing a separation agreement with the appropriate court.
The separation agreement, which the spouses can enforce legally, can cover all the items that a couple might address as part of a divorce proceeding. For example, a separation agreement can divide the couple’s property and make provisions for spousal support.
A big difference between a divorce and a legal separation is that the couple will remain legally married even after they file their separation agreement with a court.
There are some important considerations with respect to separation agreements
There are some other differences between separation and divorce.
One significant consideration is that spouses must agree to a legal separation. If either spouse will not sign a separation agreement, the only way a spouse can fully protect themselves may well be a divorce.
As is the case with any family law agreement, negotiating a separation agreement will require some give and take on the part of both spouses. With the right negotiation strategy, though, a spouse may be able to accomplish their goals as well as protect their financial and family interests.
Those who think a legal separation might be right for their situation should explore this option and their alternatives thoroughly.