SEPARATION AGREEMENTS

Separation Agreements can be crucial in many instances and there are common misconceptions about their function.

One common use or a separation agreement is that as a grounds for divorce.  Once the parties enter into a separation agreement, after a year they can file for a "conversion divorce", which means that they will be converting the terms of the separation agreement into a divorce.  This is probably the closest that New York State comes to no-fault divorce because you aren't blaming anyone for the break up of the marriage.

Another use for separation agreement is that it allows the parties to to settle any outstanding issues of the marriage, such as equitable distribution, maintenance, child custody and support thereby allowing the parties to go their separate ways without necessarily getting divorced right away.  For many people who feel that divorce is too final and aren't quite ready to face that prospect, a separation agreement is both the means and the end.

For others, an agreement is a prelude to a divorce, spelling out their agreement on any outstanding issues so that they can move on to obtain an uncontested divorce.  Although you can wait one year after signing a separation agreement to obtain a conversion divorce, once an agreement is signed, you can also get divorced on any other grounds that may be applicable and have the terms of the agreement incorporated by reference into the final divorce judgment.