At the end of the day, legal separation and divorce are both means of permitting couples to live separate lives. However, this may be as far as their similarities go. That is, the way you handle your separation agreement may even be different than receiving a final divorce order. So, without further ado, please continue reading to learn more about the terms that should be incorporated into a separation agreement and how one of the experienced Long Island legal separation lawyers at Sklavos Law Firm can help ensure yours is legally binding.
What elements should be included in a separation agreement?
It is worth reiterating that, unlike a divorce order, a separation agreement does not end a couple’s marriage. Rather, it can be seen as a rulebook outlining the expectations for each partner during their time apart while remaining legally married. In a way, this may allow you and your spouse to address pressing issues without feeling the need to file for divorce right away. With that being said, below are the key terms that should be featured in your agreement:
- The non-interference clause: the promise between you and your spouse that you will not control, harass, or interfere with one another during your separation.
- The separation of property: how property acquired during the marriage will be divided between you and your spouse.
- The custody schedule of children: detailed parenting time schedules and the decision-making authorities you and your spouse possess.
- The support system for children: the roles of payor and receiver of child support, along with their amount, frequency, and payment method.
- The maintenance of a spouse: whether you or your spouse will receive alimony from the other, along with conditions for termination.
- The handling of health insurance and benefits: guidelines on maintaining the same coverage or not, and how out-of-pocket expenses will be paid moving forward.
Do I have to file my separation agreement to make it legally binding?
It may have been a surprisingly smooth process for you and your spouse to negotiate your separation agreement. You may have even had a lawyer review it to ensure it was clear and fair. With that, you may wonder whether formally filing it with the New York State family court is necessary. You may appreciate keeping your separation as private as possible, especially since you are still legally married.
Well, you may be happy to learn that you do not need to file it with the court for it to be considered legally binding. Importantly, this is so long as it meets other requirements, such as being in writing, signed by both parties, and notarized. You should note, though, that having your separation agreement recorded in the court system may work out better for you in the long term, should you choose to ultimately divorce from your spouse.
If you are tiptoeing around the idea of getting separated, or possibly initiating a divorce, you should seek legal guidance from one of the skilled Long Island family lawyers at Sklavos Law Firm. We will help you understand which legal move, if any, is in your best interest. So please give us a call today.