What are the Risks in a Non-Legal Separation?

By David P. Badanes, Esq.

There are many spouses who decide to live separately and believe that they are “legally separated.” That is false. In New York, the only way to be “legally separated” you must have a legal separation document, duly executed and filed in the county clerk’s office or you can get a Court to issue a Judgment of Legal Separation. Even if you live separately for several years, you are still considered married and unless you are “legally separated”, you are not considered “separated.”

Potentially, there are several consequences and risks in remaining “non-legally separated”, as compared to being “legally separated.” If you are not legally separated, then your spouse can improperly take money out of any joint bank accounts; your spouse could take loans or incur debt in your name; and you may face legal liability for actions taken by your spouse.

Therefore, if you intend to be separated from your spouse, then you should make sure you have a “legal separation.” David Badanes, Esq. and the Badanes Law Office can make sure that you are legally separated and that your rights are protected in your legal separation. If you want a legal separation, then call David Badanes, Esq. and the Badanes Law Office. The Badanes Law Office has represented countless clients in their separation and divorce and they can help you as well. Call today at: 631-239-1702, email at: david@dbnylaw.com or visit our web site: www.dbnylaw.com.

The Badanes Law Office has offices in Northport, Suffolk County and Garden City, Nassau County.
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