How Does Legal Separation Differ From Divorce in New York?

Unlike some states, New York provides for legal separation agreements that allow you to separate without getting divorce. This is similar to divorce, but not quite the same. It’s available for spouses who aren’t certain they want to divorce, but need a change of scenery, at least for the short-term. Legal separation agreements can resolve many of the same issues that a divorce agreement can resolve. In this article, the Rockland County divorce lawyers at the Law Office of Robert S. Sunshine will discuss the major differences between legal separation and divorce.

What is legal separation? 

In New York State, a legal separation is a court-recognized agreement that allows couples to live apart while retaining their status as a married couple. Unlike divorce, legal separation does not end the marriage. Instead, it defines the rights and responsibilities of each spouse while they’re living separately. The benefits of legal separation are as follows:

• Flexibility – If the parties decide to reconcile, they don’t have to get married all over again. They can simply resume living together.

• Financial benefits – Some couples can benefit from continued tax incentives and health insurance coverage.

• Religious beliefs – According to some religions, divorce is wrong. Personal beliefs may play a role in deciding to separate as opposed to divorce.

That being said, legal separation has some drawbacks as well. During a legal separation, you remain married which will prevent you from remarrying in the future until the marriage is dissolved. In addition, the process can be more expensive, especially if the legal separation ends up leading to divorce. You’ve already footed the cost of drafting a separation agreement. Now you have to do the same thing with a divorce decree.

What is divorce? 

When compared with legal separation, divorce is a method for terminating a marriage. The marriage is over once the divorce is finalized, and both spouses are allowed to remarry. The key matters that need to be decided remain roughly the same. Issues such as child custody and child support, which take precedence during a separation agreement, need to be decided during a divorce. Divorces also divest the marital estate and distribute assets to each party’s estate. Alimony is also decided during a divorce, though separation agreements can include alimony.

The major benefits of a divorce are that it severs the marital bond completely allowing the couple to move forward and remarry if they choose. Financial ties are also severed and both parties walk away financially independent.

On the downside, divorce can have a profound impact on the children who will likely have questions concerning whether or not mommy and daddy will ever reconcile. In the case of divorce, the answer is ‘no’. Further, divorce is final. There’s no going back once a divorce has been finalized. You would have to remarry to get back together with your ex.

Talk to a Westchester County, NY Divorce Lawyer Today 

Considering separation or divorce? Contact the experienced Westchester County family lawyers at the Law Offices of Robert S. Sunshine today to schedule an appointment and learn more about how we can help.