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Separation Agreements
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Suffolk County guide to Separation Agreements in New York. Steven Zalewski, Esq. drafts and reviews fair, enforceable agreements for couples living apart.
Separation Agreements in New York Family Law
Overview
Not every couple who separates wants — or is ready for — a divorce.
In New York, a Separation Agreement allows spouses to live apart legally while settling important family, financial, and parenting issues in writing.
This document serves as a private contract between the parties, and, when properly drafted, it can later form the foundation for an uncontested divorce.
| Steven Zalewski, Esq., an experienced Suffolk County Family Law attorney, helps clients create clear, enforceable separation agreements that protect their rights, reduce conflict, and provide peace of mind.|
What Is a Separation Agreement?
A Separation Agreement is a written, signed, and notarized contract between spouses who choose to live apart.
It outlines each spouse’s rights and responsibilities during the separation — including finances, property, and child-related issues.
Key Topics Covered in a Separation Agreement
- Child Custody & Visitation – Where the children will live, and parenting time schedules
- Child Support – Payments made under the Child Support Standards Act (CSSA)
- Spousal Support (Maintenance) – Financial support from one spouse to the other
- Division of Assets & Debts – Property, bank accounts, retirement, and liabilities
- Marital Residence – Who lives in or pays for the home
- Health Insurance & Benefits – How coverage is maintained after separation
- Tax Considerations – Filing status and dependency claims
- Future Divorce Terms – Agreement on whether and how the separation may convert to divorce
Once signed and notarized, the agreement becomes legally binding — and it can be filed with the County Clerk or incorporated into a divorce judgment later on.
Legal Separation vs. Divorce in New York
It’s important to understand the distinction between a Separation Agreement and a Divorce:
Many Suffolk County couples choose legal separation as a way to create stability while deciding whether reconciliation or divorce is best for their family.
Requirements for a Valid Separation Agreement
For a Separation Agreement to be legally enforceable in New York, it must:
- Be in writing
- Be signed and acknowledged before a notary public (similar to a deed)
- Be entered into voluntarily, without fraud, coercion, or duress
- Contain clear, complete terms addressing all relevant issues
If properly executed, it can be used later as grounds for a no-fault divorce under DRL §170(6) — once the couple has lived apart for at least one year pursuant to the agreement.
Benefits of a Separation Agreement
- Control & Privacy: You and your spouse decide the terms — not a judge.
- Financial Clarity: Avoids confusion about bills, assets, and support.
- Legal Protection: Prevents future disputes over property and custody.
- Pathway to Divorce: Simplifies future uncontested divorce filings.
- Peace of Mind: Reduces uncertainty during an already emotional time.
A well-drafted separation agreement can prevent years of conflict and legal expense. Steven ensures your agreement is both fair and enforceable.
Modifying or Enforcing a Separation Agreement
Life changes. When it does, Steven assists clients with:
- Modifications: Adjusting support, custody, or financial terms by mutual consent or court order.
- Enforcement: If one spouse fails to follow the agreement, it can be enforced through Family Court or Supreme Court like any other contract.
Steven carefully reviews existing agreements to determine the best legal remedy — whether enforcement, amendment, or conversion to divorce.
How Steven Zalewski, Esq. Can Help
Steven has spent decades guiding Suffolk County families through separation and divorce with dignity and precision.
He can:
- Draft or review comprehensive separation agreements
- Negotiate fair terms that reflect both parties’ needs
- Explain how each decision affects future divorce or custody rights
- Ensure compliance with the Family Court Act and Domestic Relations Law
“A separation agreement isn’t just paperwork — it’s a roadmap for your future,” Steven says.
“I make sure it’s written clearly, correctly, and with your long-term stability in mind.”
Resources for Couples Considering Separation
If you and your spouse are exploring separation, these New York resources can provide additional support and information:
🔹 Suffolk County Family Court
400 Carleton Avenue, Central Islip, NY 11722
(631) 740-3800
Forms and guidance:
https://ww2.nycourts.gov/courts/10jd/suffolk/family.shtml
🔹 NYS Unified Court System – Divorce & Separation Resources
https://nycourts.gov/divorce
Official New York State website explaining separation, divorce, and forms.
🔹 Nassau Suffolk Law Services
(631) 232-2400 | nsls.legal
Free or low-cost legal help for qualifying Long Island residents.
🔹 Family Service League – Family Counseling
(631) 427-3700 | fsl-li.org
Professional counseling and mediation services for couples and families.
Contact Steven Zalewski, Esq.
Cell: (516) 660-4654
Office: (516) 377-7830
Email: steve@zandzfamilylawyers.com
Address: 1601 Veterans Memorial Highway, Suite 500, Islandia, NY 11749
Disclaimer
This page provides general information about separation agreements in New York and should not be considered legal advice.
Consult an experienced Suffolk County Family Law attorney to understand your rights before signing any agreement.
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