New York Separation Agreement

A New York Separation Agreement is a contract between spouses that addresses all of the issues necessary to dissolve the marriage. The agreement will address the issues of maintenance (alimony or spousal support), child custody, visitation, child support, and the division of the martial property. The agreement is an enforceable contract and may incorporated in the judgment of divorce.

The separation agreement can also serve as a basis for a divorce one year after the date of the agreement. All that must be alleged and proven is that the agreement was duly executed and acknowledged; that the spouses have in fact lived apart during the period of the agreement up to the time of the divorce action; and that the Plaintiff has substantially complied with the terms of the separation agreement.

The separation agreement, like all marital agreements, must be executed with certain degree of formality, the absence of which will be fatal to the validity of the agreement .