Experienced New York City Legal Separation Lawyer
Sometimes couples take a break when things feel shaky. A little space can help you get clear on your needs and your next move. A trial separation like this is different from a legal separation. A legal separation formally redefines a couple’s financial, parental, and legal obligations. It is smart to look at those consequences before you step out so your rights and future stay protected.
At the Law Office of Ryan Besinque, you get a calm and practical guide through this process. Manhattan legal separation lawyer Ryan Besinque and our team of New York family law attorneys focus on what matters most to you. We can work to protect your assets, your parental rights, and the day-to-day pieces that matter to you, from living arrangements to bills and schedules. We can handle the paperwork so you can make confident choices at every stage.
Thinking about moving forward with a legal separation or exploring separation mediation to keep things more cooperative? Let’s talk about how a separation agreement could fit your situation.
Contact us today at (929) 251-4477 to learn more about the process.
A legal separation is a written agreement where you and your spouse choose to live apart while staying married. While an informal separation may be easier, it lacks important protections for both parties and their families, especially when you have children and significant assets are involved.
In New York, the agreement must be in writing, signed by both of you, and properly acknowledged. This document sets out your rights and responsibilities while you live apart, and it binds both of you. Courts will not enforce an informal, unwritten arrangement. You do not have to file it with the County Clerk for it to be valid. But if you plan to get a conversion divorce later, you must file the agreement or a memorandum of it with the County Clerk before or when you apply for the divorce.
If you and your spouse are considering a legal separation, a clear and complete agreement is key. You deserve terms that protect your time with your kids, your finances, and your peace of mind. The Law Office of Ryan Besinque can draft a separation agreement that fits your life and your goals.
Despite being legally enforceable, a legal separation is simply a separation. Spouses are still married to each other until divorce action is taken. Until then, both spouses maintain their married relationship with each other, even though they are living apart and following the terms dictated in their separation agreement. Being legally separated is not like getting a divorce.
A separation agreement does not automatically end just because you reconcile. To end or change it, both spouses should sign a later written, properly acknowledged agreement rescinding or modifying it. Without a ‘survival after reconciliation’ clause, a full reconciliation and conduct inconsistent with living apart can jeopardize executory terms. Include a reconciliation-survival clause to avoid disputes.
Hiring a lawyer for your legal separation agreement is very important. At The Law Office of Ryan Besinque, separation lawyer Ryan Besinque and our top family attorneys can help you make necessary decisions for you and your family’s future should you choose to be legally separated from your spouse.
To schedule an appointment, call us today at (929) 251-4477.
| Benefit | Description | Practical Example |
|---|---|---|
| Health insurance | Many employer health plans allow coverage to continue during legal separation | A spouse may keep health coverage through their partner’s job |
| Social Security | Time spent legally separated still counts toward the 10-year marriage rule for spousal benefits | A spouse nearing 10 years of marriage can secure eligibility |
| Financial protection | Agreement assigns responsibility for debts and expenses, protecting credit and stopping risky spending | Prevents one spouse from running up joint credit cards |
| Tax planning | Couples may file as married filing separately and manage deductions | Allows strategic use of credits or deductions |
| Parenting stability | Separation agreement sets clear custody, visitation, and holiday schedules | Children keep a predictable routine during transitions |
| Path to divorce | After one year of living apart with a valid separation agreement, couples can seek a conversion divorce | Simplifies final divorce by using existing agreement terms |
There are many reasons that spouses choose not to be together anymore. Often, couples want to stay married for economic reasons or to continue to file joint tax returns. Some remain married for a finite period in order to become eligible for social security benefits based on their spouse’s income. Others may want to stay together for the other spouse’s health insurance, or sometimes, divorce may simply not fit their religious beliefs. Whatever the grounds they have, legal separation provides them with a framework while pursuing their own life outside the marriage.
Legal separation is not like divorce. A couple can get back together as long as they don’t go down the path of getting a divorce. Depending on the terms of their separation agreement, both spouses can choose to get back together and reverse the separation.
If you or your spouse needs more information about a legal separation, contact Ryan Besinque and our team of experienced New York family law attorneys at the Law Office of Ryan Besinque today at (929) 251-4477.
Ryan Besinque, Esq., is a compassionate and highly skilled divorce and family law attorney serving clients in New York City. With a deep understanding of the emotional and financial challenges that come with legal separation, he approaches every case with a balance of empathy and determination. While he often advocates for collaborative and non-adversarial resolutions, Ryan is fully prepared to employ aggressive strategies when the circumstances demand it, always keeping his clients’ best interests at the forefront.
Licensed in both New York and California, Ryan has represented hundreds of clients across Manhattan, Brooklyn, Queens, the Bronx, and neighboring counties. His commitment extends beyond private practice through his service on the Manhattan Assigned Counsel Panel, where he provides quality legal assistance to indigent individuals. Known for his meticulous preparation, open communication, and dedication to integrity, Ryan ensures his clients feel supported and empowered as they navigate family law.
Legal separation in New York lets you live apart while keeping the marriage intact. With a properly drafted separation agreement, you set binding rules for daily life, including child custody and parenting time, child support, spousal maintenance, payment of the mortgage or rent, and continued use of the car or home. You get court-enforceable terms without ending the marriage today.
If safety or finances require it, you may seek temporary relief if you start a separation or divorce action in the Supreme Court. Even without starting a Supreme Court case, the Family Court can issue orders on custody, visitation, child support, and protection.
Many families choose this path for practical reasons, as it offers both stability and flexibility. For many, this provides crucial continuity. For instance, you may be able to keep employer health insurance that could otherwise stop after a divorce, depending on the plan. This also allows you to continue counting time toward the 10-year Social Security rule for spousal benefits. Furthermore, you can file taxes as “married filing separately” to plan around credits and deductions.
A separation can pause conflict, protect credit, and stop risky spending by locking in who pays which debts. It also gives immediate clarity for parenting schedules and holidays, so your kids have a steady routine. Should reconciliation happen, you can resume life together. If not, a valid separation agreement supports a smoother path to ending the marriage later. After at least one year of living apart and following the agreement, you can ask the court for a conversion divorce, which avoids proving fault and often makes the final case simpler by folding the agreement’s terms into the judgment.
A Manhattan legal separation lawyer can help you turn goals into clear, workable terms. An experienced attorney can draft and negotiate the agreement, align support with New York guidelines, address retirement accounts and housing, and file everything correctly. You stay in control of timing, privacy, and cost while protecting your family and your financial future.
If you resolve everything by a written separation agreement, there is no court filing required to make it valid. If you choose to record the agreement, county fees vary. Many counties charge about $5 to file. In New York City, the clerk often requires purchasing a $210 index number to record documents. If you later file a court case for a separation judgment or divorce, regular Supreme Court fees apply.
Because of the legal issues involved in the process, it is highly recommended that spouses have their agreement written by an attorney. Though this will add to the overall cost of the process, a skilled lawyer may be able to help the couple avoid costly mistakes in the paperwork.
The process can become more complicated if spouses are unable to agree on the terms. You may have to hire attorneys to help them negotiate and protect their rights. This case can be costly due to the amount of time required for the negotiations.
The legal separation process begins after both parties have signed the agreement and have it notarized. Upon the notarization, the agreement becomes legally binding. It does not matter if you and your spouse were living separately before the agreement was signed. The time that you spent apart before the legal separation was finalized will not be counted as part of the agreement.
You and your spouse can end a legal separation by mutual written agreement or by reconciling; unilateral termination isn’t automatic. Note that reconciliation can affect some executory (unperformed) provisions unless your agreement includes a reconciliation clause stating that it survives reconciliation. For a conversion divorce, you must have lived separate and apart for at least one year under a filed separation agreement.
There is no time limit with a legal separation. According to the law, it can last as long as a couple wants and will end either when a couple reconciles, or if they subsequently file for divorce. If the couple feels that its terms no longer meet their needs, a separation agreement can be modified and refiled if necessary. If the separation is being used as a basis for a subsequent divorce, however, the couple must have been living apart under the separation agreement for one year or longer.
Similar to divorce, a separation agreement should address many different things. In format, it must include specific information such as where and when you were married and the date you became separated. It must set out many different specifics about each spouse’s responsibilities and obligations, so great consideration should be given to its terms. A comprehensive settlement agreement should consider:
Legally separated spouses should live separate and apart as the agreement provides; cohabiting or substantial reconciliation can jeopardize the agreement for a conversion divorce based on one year apart. The separation agreement can also refer to what will happen to the family home or specify other properties that each wants to maintain in the separation.
Regardless of who maintains custody, a parenting-time schedule should be included in your separation agreement to reduce conflict and aid enforceability. It should include things like how many times during the week each spouse has time with the child, and how vacations and holidays will be handled.
Both spouses need to agree on who will be the primary custodial parent or how you will share joint custody of your children.
If one spouse expects spousal support during the term of the separation, the amount and term of support should be specified in the agreement.
While child support is generally paid by the non-custodial parent to the custodial one, both spouses must determine the amount of support and how often it should be paid. The agreement should also refer to how any additional costs for the children will be handled.
Separating spouses must determine who will be responsible for what bills and how they will be paid.
A legal separation can sometimes be as complicated as getting a divorce. These matters should be set out as concisely as possible to ensure the agreement’s enforceability should one spouse not live up to its terms.
If you are considering a legal separation, it is a good idea to get the guidance and input of an experienced New York legal separation lawyer. At The Law Office of Ryan Besinque, we can advise and guide you through the many facets and legal implications of your separation agreement to ensure that it fully protects you and works well for you and your family. If you would like to convert your legal separation into a conversion divorce, our New York City divorce attorneys may be able to assist you. Contact us today at (929) 251-4477 to schedule a consultation.
For a separation agreement, which is a private contract between you and your spouse, there are no court residency requirements. As long as you are New York residents, the agreement is legally binding once it is properly signed and notarized.
However, if you want to file for a formal judgment of separation from a court, you must meet New York’s specific residency requirements. To file the court action, at least one of the following conditions must be true:
Two-Year Residency: Either you or your spouse has been a continuous resident of New York for at least two years immediately before filing the case.
One-Year Residency Plus: Either you or your spouse has been a continuous resident of New York for at least one year immediately before filing, and one of the following is also true:
Both Are Residents: Both you and your spouse are residents of New York at the time of filing.
For different reasons, spouses may enter into legal separation due to a couple of reasons. But, no matter what the reason is, legal separation needs to meet certain requirements. These requirements can be met by a Manhattan lawyer who is experienced and knowledgeable in legal separation.
Both spouses must provide full financial disclosure in order to create a legally binding separation agreement. It is expected that married spouses should disclose all their financial details when they enter into an agreement for separation. If not, it can lead to the invalidation of the agreement.
Some New York divorcing couples attempt to make their own agreements, believing it will be easier or save money. However, a New York separation agreement must follow the same procedure as a deed, including having a notary acknowledge it.
New York City allows married couples to end their marriage if they no longer wish to live together. The rights and responsibilities of each spouse in legal separation are well defined, including child custody, support, and property division.
Most people today who claim they are legally separated or wish to obtain a legal divorce simply mean that they have signed a legally binding separation agreement and that they are now living separately as a result.
If you and your spouse decide to make a temporary reconciliation, the terms of your separation agreements could be invalid. An experienced New York family attorney will draft a reconciliation clause, which would replace the common law provisions that would otherwise terminate a separation arrangement in the case of reconciliation.
You may, at some point, want to convert your separation agreement into a divorce. In this case, some conditions must be met:
The court will review all the terms of the separation agreement and decide which to include in the final divorce.
A legal separation can be challenging and can leave a spouse exposed if certain issues are not addressed in the separation agreement. Consequently, having the guidance of an experienced legal separation attorney in New York is a good strategy to ensure that matters have been considered and included in the separation agreement.
Ryan Besinque and his team of experienced New York legal separation lawyers can help ensure that you are protected by your separation agreement and that it comprehensively addresses issues that may arise. To schedule a free consultation, you may contact us via email at ryan@besinquelaw.com or via phone at (929) 251-4477.