Queens Separation Agreement Lawyer

Oftentimes, couples find that they are no longer getting along, leading to significant tension in their relationship. While they may not be completely certain that divorce is the right path, they might decide that living apart temporarily will help them evaluate the future of their marriage. A separation can allow both partners time to think without the pressure of an immediate divorce filing. During this period, many choose to formalize their arrangement through a separation agreement. These legally binding contracts outline matters like child custody, spousal support, and property division, and can be complex due to the various legal standards involved. Protecting your legal rights during this process requires careful attention to detail, making it important to consult an experienced Queens separation agreement lawyer to help ensure that the agreement addresses all critical legal issues and complies with New York law.

A separation agreement is a legally binding contract between spouses who choose to live apart but are not ready to formally divorce. The purpose of this agreement is to outline the rights and obligations of each spouse during their separation, covering crucial aspects of their lives. It provides a structured framework that helps avoid misunderstandings or disputes in the future.

Under New York Domestic Relations Law (DRL) § 236(B), a separation agreement must address five key areas:

1. Child Custody and Visitation Rights – The agreement must specify which parent will have legal and physical custody of the children, as well as the non-custodial parent’s visitation rights. Courts prioritize the best interests of the child when determining custody arrangements, and any agreement must reflect this principle.
2. Child Support – Under DRL § 240(1-b), child support is calculated using the Child Support Standards Act (CSSA), which sets guidelines based on the combined income of both parents. The separation agreement should include a clear child support calculation, adhering to the CSSA formula. Both parties must also acknowledge their obligation to support the child until they reach the age of 21.
3. Spousal Support (Maintenance) – New York's DRL § 236(B) governs spousal maintenance, which may be awarded to one spouse to ensure financial stability following separation. The separation agreement must specify whether spousal maintenance will be paid, how much, and for how long. This can be either temporary (rehabilitative maintenance) or permanent, depending on the circumstances of the marriage.
4. Equitable Distribution of Property – Equitable distribution of marital property is mandated by DRL § 236(B). In a separation agreement, marital assets such as the family home, bank accounts, retirement funds, and personal property must be divided fairly, though not necessarily equally. Consulting an experienced Queens separation agreement lawyer is vital to ensure that the property division is fair and aligns with state guidelines.
5. Debt Allocation – The separation agreement must outline how marital debts, including mortgages, credit card debts, and loans, will be divided between the parties. Courts require clear terms regarding debt allocation to prevent future disputes.

Given the complexity and legal standards involved, it is important to consult an experienced Queens separation agreement lawyer. Such agreements require precision and adherence to New York laws to ensure they are enforceable and protect your legal rights.

For a separation agreement to be legally valid in New York, it must meet the following criteria:

• Written Agreement: he separation agreement must be in writing and signed by both parties. This requirement ensures that both spouses clearly understand and agree to the terms, preventing future disputes over what was agreed upon. According to DRL § 236(B)(3), any agreement between spouses concerning the division of marital property or other financial matters must be written and acknowledged to be enforceable.
• Acknowledgment: A separation agreement must be notarized, and both parties must acknowledge the terms to ensure its validity. This formality protects against claims of fraud or coercion. In Matisoff v. Dobi, 90 N.Y.2d 127 (1997), the New York Court of Appeals held that failure to notarize a separation agreement rendered it invalid, even if both parties intended for it to be enforceable. The court emphasized the importance of adhering to formalities under Domestic Relations Law § 236(B)(3), which requires notarized signatures. Without proper acknowledgment, the agreement cannot be enforced, regardless of mutual consent or fairness in its terms.
• Voluntary: Both parties must enter into the agreement voluntarily, without any coercion or undue influence. This means that each party must have a clear understanding of their rights and the terms of the agreement. For example, the agreement should not be signed under emotional duress, pressure from the other spouse, or threats. Additionally, both parties should have the opportunity to seek legal counsel before signing. In some cases, lack of proper financial disclosure or being misled about assets could be considered undue influence, making the agreement involuntary. These factors ensure the separation agreement reflects a fair and willing negotiation between both parties. For example, in Irizarry v. Hayes, 66 Misc. 3d 1223 (N.Y. Sup. Ct. 2020), the court upheld a separation agreement that was voluntarily signed by both parties during mediation. Despite the wife’s later claims of unfairness, the court emphasized that the mediation process was transparent, and she had been informed of her rights, including obtaining counsel and financial disclosure. The court found no clear evidence of coercion or unconscionability, reinforcing the importance of honoring agreements voluntarily entered into through mediation to avoid costly litigation.
• Full Disclosure: Both parties must fully disclose their financial assets and liabilities. If one party conceals information, the agreement could be challenged in court. For example, in S.M.S. Kabir v. Kabir, 85 A.D.3d 1127 (N.Y. App. Div. 2011), the Appellate Division considered Supreme Court, Queens County case where the wife filed a motion to set aside separation agreement that she and her husband had signed. She argued that her husband had concealed assets. Noting that a separation agreement is only enforceable if it is fair, the court remanded the case back to the Supreme Court, Queens County for further investigation into the couple’s finances.
• Fairness: The agreement must be fair to both parties. If one party can prove that the terms are grossly unfair or unconscionable, the court may set the agreement aside.

An experienced Queens separation agreement lawyer can ensure that all legal requirements are met and that the agreement is fair and enforceable.

While separation agreements can be executed privately between the parties, filing the agreement with the court is important if the couple plans to use the separation as a basis for a future divorce. Filing with the court gives the agreement additional legal weight and

To file a separation agreement in Queens, New York, you must submit Form UD-1, the "Summons with Notice" or "Summons and Verified Complaint." The filing fee is $210. You can file it at the Queens County Clerk’s Office located at 88-11 Sutphin Blvd, Jamaica, NY 11435. The office accepts filings for matrimonial actions, including separation agreements. Be sure to include notarized copies of the agreement and all necessary supporting documents. The County Clerk’s office is open Monday through Friday from 9:00 a.m. to 5:00 p.m. You can also pay the fee via check or money order.

Once a separation agreement is executed, it can be modified only under specific circumstances. Typically, changes can be made if both parties agree or if there has been a substantial change in circumstances that affects one party’s ability to comply with the agreement, such as a loss of employment or a significant increase in one party’s income.

To enforce a separation agreement or seek modification, a petition must be filed with the Queens County Supreme Court. The court will review the agreement and decide whether modification or enforcement is necessary. If one party is failing to comply with the terms of the agreement, the court can impose penalties, including fines or contempt of court.

It is always advisable to contact an experienced separation agreement attorney serving Queens when seeking to modify or enforce a separation agreement to ensure that the court filing is properly executed and that your interests are adequately represented.

It is important to understand the difference between a separation agreement and divorce. A separation agreement allows the couple to live apart while remaining legally married, whereas a divorce legally ends the marriage. A separation agreement can be revoked, but a divorce cannot. A separation agreement can be used as grounds for divorce under DRL § 170(6) if the couple has lived apart for one year or more pursuant to the agreement.

Separation agreements are an important tool for couples who wish to live apart while resolving issues related to child custody, support, and property division. For any issues related to separation agreements, including negotiating, filing or modifying the terms, the separation agreement attorneys serving Queens at Stephen Bilkis & Associates have the knowledge and experienced to help protect your rights and achieve the best possible outcome. Contact us at 800.696.9529 to schedule a free, no-obligation consultation regarding your separation agreement case.