Separation Agreement

What it means

A written contract between spouses who plan to live apart, settling the issues that would otherwise be decided in a divorce. The agreement covers property division, who keeps the house, who pays which debts, spousal support, and — if there are children — custody, visitation, and child support. New York requires the agreement to be in writing, signed, and acknowledged by a notary in the same form as a deed (DRL § 236(B)(3)). Once signed, the agreement is binding. After spouses live apart under a written separation agreement for at least one year, either spouse can use the separation as a ground for a no-fault divorce. Many couples skip the separation route and file a no-fault divorce directly. A separation agreement that was unfair when signed, or that one spouse signed without understanding, can sometimes be challenged. A lawyer-reviewed agreement is harder to undo than one drafted without legal advice.

When you might hear this

A separation agreement is a written contract between spouses who are living apart. It covers property, debts, support, and any issues involving children. Most separation agreements are used as the foundation for an uncontested divorce.

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