Understanding the Difference: Separation Agreement vs Divorce Agreement in New York
Many people confuse separation agreements with divorce settlement agreements. While they serve different purposes, understanding both is crucial for NY divorce proceedings.
What is a Separation Agreement?
A Separation Agreement is a legally binding contract between spouses who decide to live apart but remain legally married.
Key Characteristics
- Created while still married
- Addresses how you’ll live separately
- Can convert to divorce settlement later
- Must be signed, notarized, and filed with county clerk
What is a Divorce Settlement Agreement?
A Divorce Settlement Agreement is the final contract that divides everything when ending your marriage.
Key Characteristics
- Created specifically for divorce
- Becomes part of divorce judgment
- Permanently divides all assets and debts
- Court must approve terms
Major Differences
| Aspect | Separation | Divorce |
|---|---|---|
| Marital Status | Remain married | Marriage ends |
| Remarriage | Cannot remarry | Can remarry |
| Duration | Temporary | Permanent |
When to Use Each
Choose Separation if: You want to try separation first, have religious concerns, or need health insurance coverage.
Choose Divorce if: You’re certain marriage is over, want to remarry, or want complete financial independence.
Need help deciding? Our NYC family law attorneys can review your situation. Contact us for a free consultation.