Separating from your Spouse? Dos and Don’ts to Consider
Separation can be difficult for you and your spouse, as well as any children that may be involved. Fass and Greenberg, New York family attorneys, recommend thinking about the following before you separate:
DON’T move out of the house without having a written agreement in place, whether it be final if possible, or a temporary (pendente lite) agreement, pending a final resolution. Not only are you losing access to and control of your property and assets, you could be accused of abandoning your children, putting you at a disadvantage during any subsequent custody dispute.
DO enter into an agreement that provides for either permanent or pendente lite spousal and child support. Even if you have not decided who will ultimately keep the marital home, or how you want to divide up marital assets, you need to come to an agreement about how any children will be supported during the period of separation, as well as whether a working or higher earning spouse should be making payments to a non-working spouse or spouse who earns less.
DON’T rely on your spouse’s goodwill in continuing to support you or your minor children.
DO enter an agreement that specifies either permanent or temporary custody and visitation for any minor children. Again, even if you are not ready to make final decisions about who will have physical or legal custody – that is, the ability to make decisions regarding the children – you should agree on which parent the children will be with, and when, and specify how decisions about their education, health, and activities will be made during this time.
DON’T count on your spouse putting your or your children’s interests first.
Even if your separation is amicable, having a written agreement in place protects your rights and helps prevent misunderstandings. In order to protect your rights and obtain the best result possible, you should consult with Garden City NY family law attorneys. Contact New York family attorneys Fass and Greenberg to find out how they can help.