Best Family Law Attorneys in Smithtown, NY

SEPARATION AGREEMENT A separation agreement is an alternative to divorce that may be more advantageous to a couple under certain circumstances. With a separation agreement, you may remain legally married but will no longer live together. There are many reasons why a couple may want to obtain a separation agreement. It may be financially beneficial to remain legally married and a separation agreement also gives a couple the opportunity to maintain health insurance or other benefits that would not be available if the parties obtain a divorce. Sometimes, a couple wishes to remain legally married for religious reasons. A separation agreement formally outlines a complete legal settlement that must be adhered to by both parties. If there are children from the marriage, the issues of child custody, child support, and visitation must be agreed upon by the parties and will be resolved through the separation agreement. Other issues such as spousal maintenance and equitable distribution of assets and debts must also be resolved in the separation agreement. After you are legally separated for a year, you may legally obtain a divorce. It is important to understand that you may not get remarried until the marriage is legally dissolved pursuant to a Judgment of Divorce. The terms of a separation agreement are binding even if you realize at a later date that you did not fully understand what you were signing. Under New York law, a separation agreement is a contract and may be difficult.