Last Updated on: 22nd June 2025, 05:07 pm

When married couples break up in New York City, their options are limited as to how they can proceed. Many marriages are dissolved through divorce, but, in some other instances, the couple may instead choose to separate. This is more than simply going their own ways. It involves a legal separation that helps to establish that they are no longer responsible for one another.

What is a Legal Separation?
While a legal separation may be drafted by the couple, on their own, it typically requires the assistance of an experienced New York City attorney. This is because it often involves some of the same issues that would be addressed in a typical divorce. The division of property, financial responsibilities, and the custody of any minor children would all have to be resolved in a legal separation.

Also similar to a divorce, a separation is initiated by one party filing a complaint against the other in court. The complaint will name both the plaintiff and defendant, as well as any minor children involved in the situation. Details about the children and separating couple will also be included, such as birth dates and the date of the marriage. The complaint will also explain why the separation is being sought and how residency will be affected for the parties involved. The plaintiff will also have to state what remedy is being sought through the separation.
The grounds for a legal separation are:

• Adultery
• Abandonment
• Imprisonment for three years or longer
• Neglect or failure to provide support to a wife
• Inhuman or cruel treatment

In cases where the Supreme Court of the State of New York grants a Judgment for Separation, the grounds will encompass the same grounds as divorce, but with slight variations. For example, a charge of abandonment may be for under a year. The condition of nonsupport for which a separation may be granted may not be used in filing for a full divorce.

Some people believe that a couple will be automatically declared divorced, after one year of legal separation. While that may be true in some jurisdictions, this is not the case in New York City. A divorce filing must still proceed, but, after one year of separation, either party may petition the court for a “no fault” divorce.

Why Do Couples Pursue a Separation Instead of a Divorce?
The most common reason couples opt for a legal separation is to make the divorce easier, down the road. In the meantime, they can see how the separation affects their lives and if their relationship problems really are irreconcilable. In instances where the couple decides that they do want to divorce, the separation serves as the grounds for the divorce and the process is simplified. In the divorce, the terms of the separation will typically be upheld as the divorce obligations. Whatever custody and support obligations were agreed to in the separation will continue uninterrupted, following the divorce.
Another reason to choose a separation is that it can allow one spouse or the other to retain benefits that would otherwise be terminated by a divorce action. For instance, one spouse would still be eligible for healthcare coverage on the other’s policy. Additionally, the Uniformed Services Former Spouse Protection Act and Social Security Administration require that a couple must remain married for 10 years in order to be eligible for benefits. By taking the legal separation instead of the divorce, the couple can still retain their eligibility for these types of programs.

Another factor that can influence the couple’s decision not to divorce may be the beliefs of their religion. Many religions either frown upon divorce or outright prohibit it, because they feel it violates the sanctity of marriage. To avoid scorn from their church and to also end an intolerable relationship, the couple may legally separate. While they can live separate lives and end their relationship, they’ll still be married in the eyes of their church. This helps the couple obey their religious vows , while also doing the best thing for their family.

In some cases, a legal separation gives a couple an opportunity to see how they really feel about ending their relationship. It provides them with relief from a destructive relationship, while still allowing for the possibility of reconciliation. When divorce does become necessary, the couple can pursue that option without the need to reevaluate how assets and debts are divided or how custody will be affected. The legal separation has already dealt with these issues.

Divorce can be a fairly sudden decision. Both parties can simply decide they would like to move on. They can choose to file a court case and then wait a few months until it is completed. This is often a good choice for those who have been married a short time and have come to realize this was not a good choice for them. However, in other instances, a marriage that isn’t quite working out can be far more complicated. Sometimes, people decide that it makes sense for them to seek out a temporary separation. A separation has several things in common with a divorce. Like the divorce, the separation agreement is one that allows both parties to move to another place. It also covers many matters related to a divorce such as who gets custody of the children and what kinds of financial payments are required by both parties. However, a separation is not a divorce. Each person involved in the process cannot get married again unless they have a divorce. In New York City, a separation agreement is one of the first steps towards the divorce. This is why it should be thought about carefully and done legally from the very start.

Creating a Legal Enforceable Document

Before doing anything else, the parties involved should consult with a lawyer. New York City separation lawyers can help by having both parties sit down together in a mutually agreeable setting. Once both parties are present, the lawyer can begin to work out a separation agreement that covers all necessary specifics related to the separation agreement. A lawyer will often begin by taking a close look at the finances of the couple. This can affect many things. For example, one member of the couple might want to continue staying in midtown while another may want to move to a more suburban setting in New Jersey or westchester county. The agreement can be crafted in a way that will make it possible for each party to function going forward. A lawyer will also help determine what kind of temporary child custody arrangements may be necessary right now in order to help any children of the marriage stay in familiar and comforting surroundings. A separation can resemble a divorce in that it will frequently address what each party must contribute financially once the agreement is signed. It may also deal with issues such as the completion of a degree by one party and payment of private school tuition and medical bills by the other spouse.

Legal Implications

All parties should keep in mind that a separation is a very serious matter. While not a divorce, it contains provisions that can be enforced legally. It also means that both parties are taking steps that can lead to a legal divorce in New York state after a year. This is why the agreement should be carefully thought about before deciding to go forward. A judge will often see the separation agreement as the blueprint for any sought after divorce. This is why it is crucial for both parties involved to consider having their own personal legal counsel. The legal counsel can offer much needed advice about how to craft the agreement. They can also offer advice about what is required by all concerned once the agreement is filed with the county clerk’s office. Each party should keep in mind that the courts consider this a legally enforceable document under New York state laws. If one party does not live up to the terms of agreement, the other party can go to court and have the court enforce the agreement.

Moving Forward

A separation can be in place for many years. New York City courts recognize that a divorce may not be the right course of action for all residents. In that case, the parties can agree to the terms of separation and keep them in place for many years if that is what they would like to do. At the same time, the court system realizes that many people might wish to move on to a new situation and think about getting married again legally. In that case, this agreement can serve as the basis for a divorce application. In New York, if both parties have lived apart for at least a year, they can head to the court and ask for a legal divorce. The separation agreement can serve as the foundation for the required legal divorce process.