Preparing Separation and Settlement Agreements in New York
A separation agreement is a written agreement that you and your spouse voluntarily sign, without involving the court. A separation agreement gives you the opportunity to work out problems, slowly and over time, without the pressure of a divorce action hanging over your head. Once a divorce action is commenced and placed on the court calendar, you and your spouse will have to attend court conferences and meet specific deadlines. That pressure is avoided by both of you signing a separation agreement.
Attorney Lisa Zeiderman brings a wealth of experience to the personal and financial issues facing people getting divorced in New York State. As a certified divorce financial analyst and certified financial litigator, she is equipped to identify and remove the roadblocks to successful separation agreement.
What is Included in a Settlement Agreement?
Separation Agreements are an important part of the divorce process in New York. They are sometimes referred to as “property settlement agreements” or “marital settlement agreements” or a “stipulation of settlement”. To be considered legally sufficient under New York law, a separation agreement must address all issues between the parties, including:
- Property and asset division
- Child custody and visitation, including a detailed parenting plan
- Child support
- Spousal support (or “alimony”)
- Continuation of health insurance
A separation agreement may be a wise choice for married couples considering a legal separation. It permits the parties to establish separate lives by dividing their debts and assets and allowing them to live apart. A separation agreement also allows couples to create and implement parenting arrangements for cases involving child custody and support without going through the process of divorce.
A Settlement Agreement Can Avoid the Costs of Litigation
In cases of divorce where both parties wish to cooperate and avoid court litigation, working towards a settlement agreement may be advisable. Your settlement agreement should address all major issues in a divorce. As your family law attorney Lisa Zeiderman can help you negotiate a fair and comprehensive settlement agreement to save you timeand money that would otherwise have been spent in litigation.