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New York Separation Agreement

A New York separation agreement allows couples to set rules that will govern the period after they are no longer living together but before they are divorced. The agreement can cover child support, property division, and other issues typically addressed in divorce proceedings, and it can even be used if the couple is not sure they want to get divorced.
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Updated June 05, 2024

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Is a Separation Agreement Legal in New York?

Yes, couples can create separation agreements to formalize their separation without getting divorced. If desired, couples may file it with a court, although it is not required.[1]

Legal Separation Requirements

  • Filing Fee: Varies by county; in Queens County, for example, it is $210
  • Residency: At least one party must have resided in the state for at least a year prior to filing.[2]
  • Where to File: With the court clerk’s office in in the county where either spouse resides

Sample

Sources

  1. DOM § 200
  2. DOM § 230