It is difficult for spouses to admit that their marriage no longer serves their individual best interests. But even when coming to terms with this, they may not yet be ready, or may never be ready, to pursue a divorce. This is when couples may consider a separation agreement instead, a formal, voluntarily entered written contract that governs each spouse’s rights and responsibilities while living apart. Read on to discover how one of the seasoned Long Island separation agreement lawyers at Barrows Levy, PLLC, can help you negotiate and draft a contract that is enforceable under New York law while still being tailored to your unique circumstances, wants, and needs.
Why Couples Choose Separation Agreements
Of note, a separation agreement does not change a couple’s marital status, as they will remain legally married unless and until they obtain a divorce. With that said, you may wonder what the purpose or appeal of this arrangement is. Well, couples may pursue this legal pathway for a variety of reasons, including the following:
- Religious Considerations: some couples cannot immediately pursue divorce for religious reasons, but still want clarity regarding finances, parental arrangements, and other obligations.
- Business and Insurance Considerations: some couples want to preserve health insurance coverage, business interests, and retirement benefits, so this agreement sets expectations while these matters are resolved.
- Financial Planning and Stability: some couples are not emotionally ready to dissolve their marriage, but want to address how assets will be managed, expenses will be paid, and support will be provided in the meantime.
- Children and Parenting Time: some couples do not want to get formally divorced for their children’s sakes, but want to negotiate solutions for parenting plans while they are living apart.
In short, separation agreements provide structure and reduce uncertainty while a couple enters rather uncharted territory, by providing a permanent framework for financial arrangements, co-parenting, and more. After hearing your thoughts, concerns, and intentions, one of our skilled Long Island separation agreement lawyers will advise on whether this is the best option for you to choose.
The Process of Crafting a Separation Agreement
In short, crafting a separation agreement requires careful legal insight to avoid ambiguity that may lead to future legal conflicts. And so, when you employ a family lawyer from Barrows Levy, PLLC, you can expect intentional guidance through the following steps:
- Collecting financial information to satisfy a full financial disclosure.
- Negotiating key provisions to achieve fair, workable solutions.
- Drafting the agreement with clear language and enforceable terms.
- Coordinating notarization when signing the agreement.
- Providing instructions on how to start implementing the terms into reality.
Incorporating Separation Agreements into Divorce
If a couple later decides to end their legal marriage, their separation agreement can possibly be incorporated into their final divorce judgment. This may form a solid foundation during discussions of child custody, child support, alimony, and property division, which may ultimately turn into enforceable orders.
Our team has handled situations in which one spouse’s life circumstances have changed since establishing their separation agreement, and so they are less willing to have it incorporated into their divorce orders. In these cases, we typically guide our clients through formally petitioning for a modification of the separation agreement provisions.
Here, an argument must be built that there have been material or substantial changes in circumstances that make the original terms unfair, such as job loss, health issues, residency relocation, or shifts in a child’s medical or educational needs. Rest assured, your talented separation agreement lawyer can continue representing you in your divorce proceedings and learn enough about you to fight for the outcome you most require and desire.
Start the Separation Process Today
The proficient Long Island separation agreement lawyers at Barrows Levy, PLLC, have impressive experience in helping clients throughout Nassau County, Suffolk County, and the greater Long Island area negotiate, draft, and enforce separation agreements. Whether you are still contemplating the idea of getting legally separated, anticipating a divorce in the near future, or yearning for stability while living apart, we can provide you with the compassionate support you need. You can get this conversation started by scheduling an initial consultation with us at your earliest possible convenience.
