What Are The Differences Between A Legal Separation And A Fully Executed Divorce? Video

Straight talk with David Badanes, Esq., a high-rated divorce attorney on Long Island, New York.

Today’s Straight Talk: What are the differences between a legal separation and a fully executed divorce?

If you’re thinking of getting separated versus a divorce, you may want to know what the differences are.

The first difference is, if you’re separated, most likely you can stay on your spouse’s health insurance plan. That may be very important to you while in a divorce, most likely you will not be able to stay on your spouse’s health insurance plan. That is the main difference between getting separated and getting divorced.

Another main difference is while you are separated, you are still technically married. Well, what does it mean? That means you cannot get married to somebody else. You can live with that person but you cannot get married. You are still married while you are legally separated.

There are also many tax differences between being separated and divorce. You should consult with an experienced CPA or an accountant to learn what those exact tax differences are between being separated and divorce.

Those are the main differences between being legally separated and being divorced.

How A Legal Separation Agreement Can Be Used As A Basis For Your Divorce

sepMany couples decide they first prefer a legal separation instead of a divorce. In those situations, it is important to have an attorney draft a Legal Separation Agreement which will detail the terms and conditions of your separation. If you do not have a legal separation agreement, then although you may consider yourself “separated”, as far as the Courts are concerned, you are not “legally separated.”

A legal separation agreement will provide you protection and security. If you have children, it should contain child custody and child support provisions. The agreement should detail how your assets are divided and how your debts are paid. If you have retirement funds, pensions or other deferred assets, the agreement should also cover how these assets are distributed. The separation agreement can also have terms for spousal support, which is similar to alimony (spousal maintenance), where spousal support is for support while you are separated and not married. There are many other issues the separation agreement will address. Finally, you can also put in provisions on when a spouse can file for divorce (with certain restrictions).

It is important that an attorney draft the legal separation agreement, so that it is valid and enforceable by the courts.

Once you decide to get divorced, the legal separation agreement will become the backbone of the final divorce agreement. For the most part, you should not need a new agreement to be drafted, as the legal separation agreement can serve that purpose. However, your attorney will still need to file certain other documents that are specifically for your divorce.

David Badanes and the Badanes Law Office have drafted numerous separation agreements. If you are seeking a legal separation or to convert your separation into a divorce, then call the Badanes Law Office today. The Badanes Law Office has offices in Northport and Garden City with satellite offices in Brooklyn and Manhattan. Contact David Badanes and the Badanes Law Office at 631-239-1702, email at david@dbnylaw.com.