What to Be Included in Your Separation Agreement | Brian D. Perskin Brian D. Perskin & Associates
A Divorce Attorney in NYC Shares What Should Be Included in Your Separation Agreement

divorce attorney in nyc


When a relationship turns sour, you have options to end your marriage. Not every option will be available to you depending on your circumstances. 

The three main options to end a marriage include: 

  • Annulment
  • Conventional divorce
  • Or legal separation. 

You will need to discuss your options with your NYC divorce attorney. These are all legal processes that will require the assistance of a qualified divorce attorney in NYC.

What is a Separation Agreement?

There are various reasons a couple may opt for a legal separation as opposed to a conventional divorce. Some of the most common reasons an NYC divorce attorney sees for a legal separation are:

  • They are unsure if they want a divorce
  • Religious beliefs forbid divorce 
  • The couple cannot afford to divorce
  • Financial benefits continue during a legal separation

The essential distinction between a divorce and a legal separation is that a legal separation means the couple is still legally married and cannot marry another person. It is a legal contract between the two parties that outlines the rights and responsibilities of each spouse while they reside separately. 

You can have an NYC divorce attorney outline the terms of a legal separation. Although some couples who split amicably opt-out of the assistance of a divorce attorney in NYC. This can also help to outline the expectations should you decide to get a divorce down the line. A

fter one year of a legal separation, you will be eligible for a no-fault divorce.

Division of Marital Assets And Debts

It is imperative that during a legal separation your divorce attorney in NYC properly divides the marital assets and debts acquired during the marriage as well as prior to the marriage. This includes things such as:

  • The marital home
  • Personal effects
  • Business assets
  • Financial assets
  • Joint debts
  • Parental rights
  • Lump-sum payment
  • Maintenance payments 

This is not an exhaustive list as individual financial circumstances must be considered by your NYC divorce attorney when drafting a legal separation agreement. 

Child Custody

Child custody is a touchy topic for any couple as any NYC divorce attorney will tell you. Similar to a divorce you will need to establish in as much detail as possible for custody arrangements. 

Where will the children reside? What school will they go to? Who should be called during an emergency and holidays? 

The more detailed these things are laid out in the separation agreement the better it will be for all parties involved. You should have an NYC divorce attorney help you determine the best course of action. 

Child Support

Since the children will no longer be residing with both parents, the issues of child support arise. Who will be paying and how much will they be paying? Depending on your custody arrangement is how this will be determined. A divorce attorney in NYC can help determine the appropriate amount for child support. 

Spousal Support

Spousal support is another important topic that should be covered in a separation agreement. This may not apply to every married couple. 


A visitation schedule should be established in the separation agreement so there is no confusion as to where and when the children need to be. 

Schedule a Consultation Today By Calling Brian D. Perskin & Associates P.C.

If you need help with your legal separation contact a divorce attorney from Brian D. Perskin & Associates P.C. at 866-679-2567 today. With our expert legal, team we feel certain that we can help you every step of the way during the divorce process.

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