Contract Separation

• Legal separation in New York requires that both spouses enter into a contract, not unlike a divorce settlement, that states that the spouses will live separately and agree to custody arrangements and child support for any children,as well as spousal support, or alimony, if necessary. Because it does not put an end to the marriage, a legal separation can be filed if one spouse will remain under the health care coverage of the other.
  
  

Separation Judgment

• A Supreme Court judge can grant legal separation on the same fault grounds as for divorce. If the grounds for the separation is abandonment or the failure of support from one spouse to the other, then the spouses can have lived apart for less than one year. After receiving a judgment of separation from the court, divorce proceedings can be started by either party based on the judgment.
  
  

Divorce After Separation

• In New York State, to obtain a divorce without a separation period, there must be grounds for the divorce, such as adultery or mistreatment of one spouse by the other. However, one year after the separation document has been filed with a New York county clerk, either spouse can petition for a no-fault divorce. A legal separation does not automatically turn into a divorce, and the separated couple must have the separation documentation as well as proof that they have been living apart for one year or more. The terms of the separation agreement could also be the terms of the divorce agreement or may be renegotiated by the spouses and their attorneys.