Separation Agreements

If you are thinking of getting a divorce, there is something you should consider. Consult a lawyer right from the start to help you navigate your way through this potentially messy and complicated process. Let Ira M Bierman help you to protect the people you love, as well as your assets right from the very beginning.

This is a difficult, emotional time, and you should give yourself a chance to let the dust settle before filing the papers to end your relationship. Maybe you will decide to give your marriage one more shot after all. This is one reason to engage in a separation agreement with your spouse, but there are others. Decisions you make now could affect you and your loved ones months from now. Cohen has ample experience in this field, having helped clients throughout NYC, Westchester, Nassau and Suffolk counties.

Long Island couples thinking about divorce typically arrange for a separation first. This is a written agreement dealing with child support, alimony, property, assets, and more. There has to be at least a year between this filing and divorce proceedings. By starting this process, couples indicate to one another that they are serious about divorce and have given it much thought before proceeding.

What about Assets?

Your assets come in two categories: non-marital and marital. They are pretty much the way they sound, except that assets also include debts, and all marital assets are divided during the agreement, including debts. Even if your partner has gone into debt during your marriage, you are liable for a portion of that debt. Marital assets were accrued during the marriage. Non-marital assets return to their owner. This is simple, but can lead to arguments which are best handled by legal professionals.

Is a Separation Agreement a Good Idea?

You might not need a separation agreement if your situation is uncomplicated. For instance, if you do not have children or any property to sell, there might be no reason to proceed with one. On the other hand, couples with children and property should probably consider creating one with the help of a lawyer. This is how you will protect yourself legally. Verbal arrangements are too easy to break and hard to prove.

With time, agreements can be changed. Many times a spouse will change his mind about something. This is even recommended since the accord should show what is currently important, and this will change over time. Both parties must agree to these adjustments.

Your spouse’s attorney (and he surely will have one) has a goal, which is to create terms of benefit to his client. You should also do the same. This attorney should be experienced and ready to speak for you.

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