Separation Agreement Attorney
Stacey Pennetti is a New York based attorney who can support you as you seek a legal separation from your partner. With empathy and understanding, she will make sure that you know your rights and protect your rights throughout this process.
​
If you desire to stop living with your spouse and pursue a separation, it is wise for you to get the agreement on paper to make it legal. There are many reasons why a legal separation agreement may be in your best favor, the most compelling being that if a spouse violates the agreement, a family court can enforce it. If you are not ready to file divorce papers, cannot afford to go through with a divorce at this point in time, or you receive financial benefits, including health insurance from a partner, it may be in your best interest to sign a separation agreement and hold off on plans to divorce for now. A seasoned lawyer who has helped others in your situation can talk through the details of your personal situation and provide a customized legal strategy that serves your best interest now and in the long-term.
​
You may wonder, what does a separation agreement entail? The document is an agreement that outlines the rights that both you and your spouse have while living apart. A separation agreement benefits both parties in two ways, it provides clarity for what the separation will look like and will also establish boundaries. There is no “one right way” to be separated from a spouse and it is up to the partnership to determine what is best for their circumstances. Most separation agreements establish terms for everything from where the children will reside, who will cover expenses and bills, and how the home and cars will be cared and paid for during the length of the separation. Important issues including maintenance, child support and custody, and visitation schedules are complicated and drafting a separation agreement can help both parties avoid confusion as they move forward from each other.
Why is a lawyer crucial in the process of seeking a separation agreement?
First of all, the court will not draft your separation agreement. With the help of an experienced attorney who is protecting your best interests, together you will draft a separation agreement. Individuals are free to draft their own, but with no legal education or background, this process can become long and frustrating. Hiring an attorney is wise because most individuals in the middle of a separation are thinking in the short-term. The process of separating is also an emotional one, and the judgement of a seasoned attorney who can help navigate what you are entitled to is an investment worth making. An attorney can predict, based on his or her track record, how a piece in the separation agreement will translate if a divorce is agreed upon at a later date. Additionally, separation agreements can be written to include financial considerations in mind as well. If you are looking to separate from someone who is financially irresponsible, your agreement can include protection if large debts are accrued during the separation.
Let the attorneys do what they do best
For some individuals seeking a separation, hiring an attorney to draft the agreement may be the only way to get both parties to agree. If you and your partner struggle to communicate or agree in general, let the attorneys do what they do best, which is handling the legal side of your separation.
​
Obtaining a separation agreement has many advantages. It provides both parties with time apart to reassess the marriage and participate in couples counseling while clear, legally binding boundaries in place. A partner can stay on their spouse’s health insurance, receive a spouse’s social security benefits as long as they have been married for 10 years, and provides a person with the psychological safety that comes with being separated but not divorce. If divorce violates your religious beliefs or carries a stigma with it in your culture, a separation can help soften your decision to seek distance from a partner. Another significant advantage is that if either spouse can prove that you have lived by the provisions in the separation agreement for more than a year, then you can obtain a judgment of divorce on that basis alone.