Legal Separation, Long Island, NY

Legal Separation

Legal separation on Long Island, NY is often the first step toward either an uncontested or an contested divorce a divorce because it allows a married couple to live separate lives while legally remaining married. There are a number of reasons a married couple might choose to do this (see Top Benefits of Legal Separation below). A legal separation addresses all the same issues as a divorce, including things like property division, assets and debts, child custody and support, and visitation.

Should you eventually divorce, your separation agreement can be converted into a divorce, usually with few to no changes. Here’s what to know and how our experienced Long Island, NY divorce lawyers can help you.

What Is Legal Separation and How Does It Work in NY?

On Long Island, New York, when parties enter into a separation agreement, they are required to physically separate. Most couples choose to live in separate households as though they are no longer married.

Under the terms of this legally binding agreement, you and your spouse will decide issues of child custody and support, and settle the responsibility of bills and other monthly expenses. Once both you and your spouse sign the agreement, have it notarized, and file it with the county clerk in your area, your legal separation is official.

Legal separation is an alternative to an uncontested or no-fault divorce. The process is much less formal than divorce and can usually be completed with little to no involvement by New York state courts. Be aware that this is a legally binding contract and you may be penalized if you fail to meet the court-ordered obligations of your separation agreement, even though you’re technically not divorced. You also can’t remarry while the separation is in effect – you’ll need to go through the divorce process if you want to get married to someone else.

Top Benefits of Legal Separation

There are many benefits of opting for a legal separation instead of a divorce, like:

• A separation agreement lets you go back. If you choose to get divorced, it’s permanent once it’s finalized. If you and your spouse later have a change of heart, you will have to remarry. If you decide not to proceed with a divorce after your legal separation you can if you wish, get back together without the requirement of getting married again.
• Being separated maintains health care coverage for both spouses. After a divorce is finalized, ex-spouses are usually no longer covered under most employers’ health insurance plans. But if you’re legally separated, you’re technically not divorced so your eligibility for coverage may remain.
• Remaining married keeps your tax benefits intact. Filing your taxes as married (either separately or jointly) usually gives you more tax breaks than if you file as single.
• You can also keep your social security benefits. The Social Security Administration allows a married person to collect spousal benefits once the earning spouse begins to collect their own benefits. If you are already divorced, your marriage has to have lasted at least 10 years for you to be eligible to receive benefits.

Potential Risks

Like with any family legal matter, there are some potential risks to consider when it comes to deciding between getting legally separated and getting divorced.

You could be held responsible for paying any uncovered medical expenses that your spouse incurs during the time you were separated.

If your spouse takes out a credit card or accumulates debt, you’re still technically married, so you’re still most likely going to be technically on the hook for half of that debt.

In a worst case scenario, you could become responsible for supporting your spouse if they become disabled while still legally married.

Legal Separation with Kids

It’s always tough on children when their parents separate, even if it ends up being for the best for everyone involved – even your children. It’s important to take steps to protect your children during your separation.

First, establish clear rules and consistent routines. Your kids need to know what to expect when everything feels unsteady. Try to give them stability by agreeing with your spouse on the rules for each home.

You should also maintain communication with your spouse, even if you’re not getting along. Your kids need you to be civil and focused primarily on their needs and best interests. Try not to speak badly about your spouse in front of your children, even when you’re angry. This adds even more stress for your family.

Try to make sure you and your children have access to professional support. As your family dynamic changes, your family may need extra guidance or advice to navigate life. Consider working with a counselor or therapist who has specific experience working with children whose parents are separating. These professionals are equipped to provide you and your family with tools and resources tailored for your individual situation.

Finally, make as much time as you can for your kids. Put in the effort to spend quality time with them doing things they are interested in or like doing. Your children need reassurance that you’re still there for them even though their family might look a little different now.

How to Know When to File for Legal Separation on Long Island, NY

Many couples go through the process of wondering if they should get separated or just go straight for a divorce. The answer to this question naturally depends upon each person’s individual circumstances. Here are some things to think about:

• Whether or not you or your spouse need continued access to the other’s health insurance
• If you have any desire to possibly rekindle your relationship with your spouse
• If you still want to file taxes as a married person or if incurring the extra costs is worth being divorced
• Whether or not you trust your spouse not to accumulate debt for which you’ll eventually become partially responsible
• If you or your spouse is getting ready to draw Social Security

When to Contact a Legal Separation Attorney on Long Island, NY

Before making a final decision about getting a divorce or filing for legal separation on Long Island, NY it’s crucial to discuss both options with a qualified and experienced New York family law attorney. Make sure to look at the situation not only from the financial aspect but also from an emotional standpoint to see where you’re really at and what your goals for the future are.

The compassionate and experienced divorce attorneys and family law attorneys at Hornberger Verbitsky, P.C. will be happy to help answer your questions about legal separation on Long Island, NY or any other divorce issue. Just call 631-923-1910 for a complimentary consultation or fill out the short form on this page and we’ll get right back to you.