For many couples on Long Island, the idea of ending a marriage outright through divorce may feel overwhelming or premature. In such cases, legal separation can serve as an alternative that allows spouses to live apart while maintaining certain marital ties. Legal separation in New York involves a binding written agreement or, in some cases, a court order.
At Petroske Riezenman & Meyers, P.C., we have over 100 years of combined experience and an exclusive focus on matrimonial and family law. Our legal separation attorney onin Long Island brings knowledge, dedication, and resources to guide you through every challenge. Since 1992, we have built our reputation on client-centered representation, ensuring that your rights, interests, and future remain our top priority.
Divorce vs. Legal Separation onin Long Island
The key distinction between legal separation and divorce is that divorce permanently dissolves the marriage, freeing each spouse to remarry. Legal separation, by contrast, keeps the marriage intact (even if you believe it is irretrievably broken). Spouses remain legally married, but they live under a structured arrangement that addresses issues such as child custody, child support, spousal maintenance, and property division.
Couples may choose legal separation for various reasons: religious or cultural beliefs that discourage divorce, a desire to remain on a spouse’s health insurance plan, financial planning considerations, or the hope of reconciliation at a later date. Importantly, a separation agreement can also serve as a blueprint for a future divorce, making the transition smoother if the marriage ultimately ends.
The Process of Legal Separation onin Long Island
Legal separation in New York can occur through two primary avenues:
Separation Agreement
Most couples pursue separation by drafting a voluntary written agreement. This contract outlines the rights and responsibilities of each spouse, addressing custody, support, property division, and other issues. For the agreement to be valid, it must be signed and , acknowledged in proper form before a notary public, and filed with the County Clerk.
Separation Action
Less common but still available, a spouse may bring a legal action in the Supreme Court for a judgment of separation based on specific grounds recognized under New York’s Domestic Relations Law. Grounds include abandonment, cruel and inhuman treatment, non-support, or adultery. This process is more adversarial and mirrors the structure of a divorce case.
Benefits of Hiring a Long Island Legal Separation Attorney
By working with Petroske Riezenman & Meyers, P.C. – Attorneys for Divorce and Legal Separation, you gain several advantages:
- Clarity and Accuracy – We ensure all legal terms are properly addressed according to Long Island marital separation law, eliminating ambiguities that could spark litigation later.
- Protection of Rights – We safeguard your interests in areas such as asset division, spousal maintenance, and parenting arrangements.
- Knowledge of Local Practices – Our Long Island separation lawyer has vast experience with Suffolk and Nassau County courts, judges, and opposing counsel. We understand how agreements are interpreted and enforced locally.
- Long-Term Planning – A well-structured separation agreement can pave the way for future financial security or streamline a potential divorce.
Our Approach to Legal Separation onin Long Island
At Petroske Riezenman & Meyers, P.C., our process includes:
- Personalized Consultation – We begin by understanding your reasons for seeking legal separation and your long-term goals.
- Strategic Planning – We identify key issues, such as financial support, custody, and asset division (including the family home), and create a plan to address them.
- Negotiation and Drafting – Our attorneys guide you through negotiations with your spouse, ensuring fairness and completeness throughout the legal process.
- Finalization and Filing – Once terms are agreed upon, we draft a legally enforceable separation agreement and file it with the County Clerk.
While representing clients, we emphasize open communication, clear explanations, and practical advice on all legal matters, so you feel supported and informed at every step.
Child Custody & Support During Separation
New York law requires that any separation agreement include provisions for custody, visitation, and support.
- Custody and Parenting Time: In a legal separation agreement onin Long Island, parents can outline detailed parenting schedules, including holidays, vacations, and day-to-day decision-making authority.
- Child Support: Under the Child Support Standards Act (CSSA), child support is generally calculated as a percentage of the non-custodial parent’s income, with adjustments for certain deductions.
At our firm, with our deep understanding of New York law, we accurately calculate support obligations, draft enforceable provisions, and ensure compliance, protecting both the child’s welfare and the parent’s rights.
Property Division in Legal Separation
Another central component of legal separation is the division of assets and liabilities. New York follows the principle of equitable distribution, meaning that marital property is divided fairly, though not always equally. A separation agreement can address:
- Real property – Who will reside in the marital home and how ownership or sale will be handled.
- Bank accounts and investments – Division of savings, pensions, and other financial assets, sometimes requiring a Qualified Domestic Relations Order (QDRO).
- Business interests – Distribution of ownership or income where one or both spouses operate a business.
- Debts and obligations – Allocation of mortgages, credit card balances, and loans.
Because these provisions directly affect financial security, careful drafting is essential. Our attorneys leverage decades of experience in high-asset and complex property cases to ensure that agreements are comprehensive and legally sound.
Frequently Asked Questions About Legal Separation onin Long Island
Can I date other people while legally separated?
Yes, but you remain legally married until a divorce is finalized. Dating during separation can sometimes complicate negotiations or, in somerare cases, be raised in custody disputes.
Can a separation agreement be converted into a divorce?
Yes. After living apart for one year under a valid separation agreement filed with the County Clerk, either spouse may seek a “conversion divorce,” which finalizes the marriage dissolution based on the prior agreement.
What happens if one spouse violates the agreement?
A separation agreement filed with the County Clerk is enforceable in court. If a spouse fails to comply, the other may file an enforcement action or seek remedies through Family Court or Supreme Court.
Get Dedicated Representation from ourOur Long Island Legal Separation Attorney
At Petroske Riezenman & Meyers, P.C., we understand that separation is a deeply personal decision, and we are committed to helping you pursue it while protecting your best interests. With our legal team, you will always find someone available to answer your questions, provide updates, and make sure your case is handled with the diligence it deserves. To schedule your free consultation, call us at (631) 337-1977 or contact us online.