When is Separation a Better Option than Divorce?

Separation laws allow couples to file for separation in New York based on cruel and inhuman treatment, abandonment, neglect, adultery or prison confinement.

The New York Domestic Relations (DRL) Article 11 establishes the grounds and guidelines for a NY separation judgment. One thing to consider is that in a cause of action for separation, the defendant can allege misconduct on the part of the plaintiff seeking separation. If the court finds the allegations are valid, then it may render a judgment against the plaintiff. One of the main reasons that a couple may decide to seek a separation instead of a divorce is because a separation is less final. Once the court issues a divorce decree, its final judgment dissolves the marriage. However, in a separation, the judgment is revocable, which means that if couples reconcile, they can provide evidence of the reconciliation to the court. The court can then revoke their separation, which reinstates their marital status. Spouses in a marriage that lasts 10 or more years are entitled to derivative benefits from Social Security in their retirement benefits and also from the military as a military spouse. For Social Security, the former spouse can draw one-half of the amount that the former spouse draws, which is income-based on career earnings. Military member spouses are eligible to receive a percentage of the former spouse’s retirement based on the number of years the spouse was in the military while married to the other spouse.

A client in White Plains can consult with an experienced lawyer about how separation works in New York. Under the attorney’s guidance, you can weigh the advantages and disadvantages and compare it with divorce.

Martin J. Rosen, PC has helped clients evaluate these types of issues successfully for more than 40 years.