Updated January 31, 2024
A New York separation agreement allows couples to create rules that will govern the period after they are no longer living together but before they are divorced. Separation agreements can cover spousal child support, marital property, and other issues typically addressed in divorce proceedings.
They can be used even if the couple is not sure they want to get divorced, and can also later become part of the order issued by a judge finalizing their divorce but do not officially end the marriage.
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
