A Property and Separation Agreement may be used if you and your spouse wish to have a legal separation in New York and desire to have all issues of custody, support and property division placed into an agreement. Some couples prefer to live separate and apart for awhile before deciding whether to divorce. However, there may some issues that should be considered during a time of separation. For example, if the couple has children, a marital home or other assets. The couple may have debt or issues concerning the support of one of the spouses.

A Property and Separation Agreement will address these issues and legally bind the parties to this contract.

An example of some issues that can be specified in a Separation Agreement are:

1. Custody of the minor children and visitation rights.

2. Child Support including medical insurance coverage for the minor children.

3. Spousal Support including medical insurance coverage for the spouse.

4. Disposition of the marital residence.

5. Division of marital assets including; automobiles, household furnishings, monetary assets and division of marital debt.

Please note that a Property and Separation Agreement is not a divorce. In some jurisdictions, such an Agreement may be used to convert the Agreement into a Conversion Divorce once you have meet the requirements of your state.

It is advisable to discuss between yourselves all of the issues and arrive at a mutual agreement before seeking the assistance of an attorney. Since you and your spouse have already discussed and agreed upon the terms of the Agreement, you should be able to save a considerable amount of legal fees. It is further advisable to retain an attorney to draft an Agreement that will be valid under the rules of the state in which you reside.


Written by Becky Caruso, Esq.

Becky Caruso is an attorney practicing in Central New York. I have over 20 years experience in all matters of DIVORCE, CHILD CUSTODY, and CHILD SUPPORT.