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Separation Agreement nightmares

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Not sure whether your spouse can handle the "D" word and think Separation would be an easier pill to swallow? Think again.

A legal separation divides up the assets of the marriage, and gives the couple a blueprint of what life will be like living separate and apart. Child support is established, maintenance, and custody matters are all dealt with in this contract between the spouses. The operative word here being "contract" and like any other legal contract if one party breaches, the remedy is a law suit to prove the breach. The parties also remain LEGALLY MARRIED indefinitely, until one or the other sues for Divorce which may or may not be uncontested when the time comes.

Divorce IS NOT automatic and not guaranteed to be uncontested especially if one spouse is unhappy with the terms set forth in the Separation Agreement or if one spouse proves to be spiteful and just wants to prolong the inevitability of a divorce.

In a divorce a judgment is actually issued outling the obligation of the parties alleviating the need to prove fault or a breach of contract. And of course the biggest issue....the parties are no longer married.  Think twice about a separation agreement.  You could be in more trouble than you bargained.

Comments

  • Michael 4 years ago

    Separation agreements can be used as the basis (grounds) for a divorce in New York State after one year if living apart. It is the closest thing to "no fault" divorce in New York and can be a useful tool in an amicable situation.

  • matmaven 4 years ago

    Michael, this is fine if folks want to run the risk of having their hard fought agreements potentially ending up in litigation if one party has moved on and the other has not. Separation agreements in my opinion should be utilitzed only in the rarest of cases such as when medical insurance is necessary and cannot be obtained after a divorce for one spouse who may have medical issues. Otherwise if the marriage is done...it should be ended. Legally.