Should You Separate Before Filing for Divorce in NY?

If you're considering filing for a divorce, you've probably also looked into separation agreements recently. But is getting a separation agreement the right move for you? Understanding the pros and cons could help you save your marriage if reconciliation is an option, or get a better outcome in your divorce case.

To schedule a consultation with our team and speak with an experienced attorney about your case, contact us online or via phone at (718) 215-0121.

You Think Reconciliation May Be Possible

Perhaps one of the greatest reasons to obtain a separation agreement (and requisite separation judgment from your county court) is if you believe reconciliation with your spouse may be possible.

Many spouses find that reconciliation is easier when both parties take some time apart to focus on themselves and their issues.

However, having some structure to your separation can be beneficial, and that's where a separation agreement comes in. A separation agreement can contain terms for how you and your spouse handle separation in practice, such as whether you continue to share a joint bank account and how you plan to manage your finances if you do. It could also contain some stipulations for how you handle custody of any children you share together, or whether one spouse will provide the other with spousal support while the separation is ongoing.

Having a separation agreement also gives you a timeline for reconciliation. In many cases, couples won't wait more than a year after separating to decide whether they want to continue pushing forward with a divorce or not. Having an incentive to resolve your issues in an effective manner can help you find the best path forward in your marriage, whether that means separating or finalizing a divorce.

Both Spouses Would Benefit From Separating, But Not Divorcing

Even if you're positive you want to dissolve your marriage, a separation agreement may still be ideal for you.

While separated, you may still be able to share benefits, such as employer-provided healthcare, that one party would lose access to in the event of a divorce. If one party has a medical condition and needs some time to set up insurance of their own, separating can allow them to receive the care they need while they set up a post-divorce alternative.

Additionally, drafting a separation agreement allows you and your spouse to negotiate matters such as property division, alimony, child custody, and child support without the stress of a divorce hanging over your heads. If you want to file for an uncontested divorce, a separation agreement could help you remain on good terms while you finalize the terms of your divorce.

At Levi Divorce & Family Law Attorneys, our team is here to help you seek out an ideal outcome in your divorce case. To schedule a consultation with our team, contact us online or via phone at (718) 215-0121.