Legal Separation Agreements in New York
A legal separation agreement in New York’s Capital District and the rest of the state is a detailed and binding contract between spouses agreeing to live apart. This document should be meticulously prepared by a legal separation attorney to ensure both parties’ rights and duties are clearly outlined and legally enforceable.
Topics That a Legal Separation Agreement Should Cover
Legal separation agreements should contain the respective rights and duties of both spouses concerning the following:
Child Custody
Visitation Rights
Child Support Obligations
Spousal Maintenance Obligations
Distribution of Personal and Real Property
Division of Pensions and Retirement Savings
Division of Debts
Health Insurance
Disposition of the Marital Home
Tax Issues
Future Dispute Settlement
All Other Matters Pertaining to Their Marital Relationship
Legal Considerations
A legal separation agreement may be incorporated without merger into a Judgment of Divorce. Modifying the terms of such an agreement can be difficult, making it critical to work on the contract with a competent legal separation attorney.
If the agreement is not drafted correctly, the obligations set forth therein may not be enforceable. An improperly drafted legal separation agreement may bind the parties to the terms contained in the agreement even if one of the parties changes their mind later on. That is why both parties should have their attorneys review the agreement and explain the terms and ramifications before the parties sign the contract.
The Significance of Legal Counsel for Separation Agreements
Given the complexities involved in legal separation agreements, it’s essential for both parties to have their lawyers review the contract thoroughly. Competent legal separation attorneys provide excellent legal advice and representation in the negotiation and execution of a separation agreement.
Schedule a Consultation
Contact us today for a confidential consultation with our experienced legal separation attorney at the ARQUETTE LAW FIRM, PLLC. It would be our pleasure to discuss your specific situation with you.