New York Separation Frequently Asked Questions

A legal separation is an arrangement by which married couples remain married, but live separately pursuant to a court order or written separation agreement. The court order is significant as it outlines the duties and responsibilities of each person related to such matters as child custody, division of property, living arrangements, spousal maintenance, and child support. Not all states recognize legal separation.

There are a variety of reasons that couple may choose to legally separate instead of getting a divorce. One reason is so that one party can continue to receive benefits that would cease upon divorce such as health benefits, Social Security benefits, and military benefits. Others choose to remain married because their religious beliefs prohibit or discourage divorce. Still others feel that the marriage is not over, and that future reconciliation is possible.

The difference between a separation and a legal separation is that being separated simply means that you are living a part. Generally, your legal rights and obligations as a married couple, including property ownership, will not change by merely separating. With a legal separation, some of your legal rights and obligations change as outlined in your separation agreement.