Separation vs. Legal Separation
What’s the difference between being separated and being legally separated? A lot of people call my office thinking they’re legally separated just because they’ve had difficulties in their marriage, decided to take a break, and moved out. But the truth is, they’re not legally separated—and understanding the difference is crucial if this is something you’re considering.
I’m Katherine Miller, the founder of the Miller Law Group, and I’ve been a matrimonial attorney in New York for over 30 years. Over the years, I’ve realized that many people don’t fully understand this distinction. So, let me clarify the difference.
You’re just separated unless you’ve signed a legal document that gives you permission to live apart. In New York, spouses have a legal obligation to live together. While no one is going to come and arrest you if you don’t, this does give the other person the right to pursue a divorce. That used to be a bigger issue, but it’s no longer the case.
When you sign a separation agreement, it’s not just about getting permission to live apart—it often includes important changes to your legal relationship that will protect you should you decide to divorce. Here are some things to consider.
If you have minor children, how will you share their time? Do you have an understanding about when they’ll see each parent, and how you’ll handle holidays, vacations, discipline, and decision-making? This is one area where a separation agreement can make things clear.
Another important aspect is cash flow—how will expenses be paid, and what will happen with each person’s income during this trial separation period? And if you are thinking about divorce, the agreement can also cover asset distribution and other important issues like life insurance and estate planning.
If you just separate without a formal agreement specifying who will do what and how, you could be exposing yourself to unnecessary risk. That’s why it’s important to talk to an attorney, even if it’s just to know what you don’t know.
If you have any questions about legal separations, divorce, or anything related to marriage law, don’t hesitate to reach out on our email address info@miller-law.com or call us at (914) 685-9805. We’d love to talk with you. Thanks for listening.