Separation Agreements

A separation agreement addresses in writing the terms of property division, debt distribution, and child custody agreed upon by both spouses during the divorce process.  Separation agreements may also outline the rights of each party and settle spousal support problems. 

With a separation agreement, divorcees are able to govern the future conditions of their relationship.  This agreement can be created before or after the divorce petition is filed.  Once a divorce is final, the terms of the separation agreement take effect.  The separation agreement is binding for years unless one of the spouses wishes to amend it.  However, for the separation agreement to change, both spouses must be in agreement.    

What a Separation Agreement Should Include
A separation agreement is meant to eliminate any future confusion or misinterpretation of the agreed upon terms.  When drafting a separation agreement, spouses should be as specific as possible.  Separation agreements should clearly list conditions such as:

• Which spouse will take on debts and the amount of those debts.
• Which spouse will occupy the family residence. 
• Which spouse will pay for the upkeep of the family residence.
• How much spousal support will be paid and to whom.
• The increments in which the spousal support should be paid. 
• Which spouse will take tax deductions for the residence’s mortgage, real estate, and children (if any).
• The terms of the child custody, child visitation, and child support. 

How a Divorce Lawyer Can Help?
Spouses that are going through a divorce experience a variety of emotions.  From anger to devastation, spouses can find that it is hard to come to an agreement on important issues.  Issues involving child custody, marital property division, and spousal support are very sensitive, and demand immediate attention.  However, spouses may find that they cannot mediate through these issues and come to satisfactory terms alone. 

In situations like this, a skilled divorce attorney can intervene to make the process easier for both parties.  It is usually in the best interest of each spouse to seek their own attorney.  Together, the spouses and attorneys can work through the terms of the separation agreement to make sure that amicable solutions are reached.  This can save each spouse time and money as they will be able to evade costly court fees by reaching decisions without a judge’s interference. 

New York Divorce Attorneys

If you are going through a divorce, it is to your benefit to speak with a skilled family law attorney who understands the New York legal system.  At The Law Offices of Scupp & Berman, LLP, our attorneys have over 20 years experience with matrimonial law cases.  When you work with our law offices, you will receive the knowledge, attention, compassion, and professional legal representation you need to be comfortable throughout your case. 

Our initial consultations are free of charge so that you can seek the guidance you need without having to spend money on unjustifiable fees. 

Contact The Law Offices of Scupp & Berman, LLP
(516) 683-1990

The Law Offices of Scupp & Berman, LLP proudly serves clients throughout New York in Long Island, Garden City, Suffolk County, Nassau County, and Mineola.