What Is the Difference Between Divorce and Legal Separation in Long Island, NY?

If your marriage isn’t what it used to be, but you’re not ready to file for divorce, you may feel caught in between. Maybe you’re still raising kids together but feel more like co-parents than partners. Maybe the arguments have worn you down, or the silence feels heavier than words. The bills keep coming, the responsibilities don’t let up, and the emotional distance keeps growing. You’re still legally married, but the relationship doesn’t feel the same and something needs to change.

That’s when many people start exploring their legal options. For some, it means living apart temporarily. For others, it involves setting clear terms around finances, parenting, and property without officially ending the marriage. In these moments, one question often comes up: what is the difference between divorce and legal separation?

In New York, the legal differences between the two can shape everything from your living arrangements to your long-term financial plans. This blog explains how each option works and what sets them apart.

Legal Separation vs. Divorce: What’s the Key Difference?

The most significant difference between legal separation and divorce is that divorce ends the marriage, while legal separation does not.

When you file for divorce in New York, you are asking the court to dissolve the legal relationship between you and your spouse. Once the divorce is finalized, you are free to remarry, file taxes as a single person, and make other decisions as an unmarried individual.

Legal separation, on the other hand, allows you to live separately while remaining legally married. You and your spouse can create a legally binding separation agreement that addresses child custody, spousal support, division of property, and other issues, but you’re still considered a married couple under the law.

Is Legal Separation Recognized in New York?

Yes. Legal separation is recognized in New York and can be formalized through a separation agreement or court judgment. Many couples choose to file a separation agreement with the County Clerk’s Office to document the terms of their arrangement. While you do not need to file anything with the court to live separately, a written and signed agreement gives both parties more legal protection.

New York Domestic Relations Law (DRL) § 200 outlines how a judgment of separation can be granted if one spouse takes legal action due to misconduct or other grounds.

However, most couples in Long Island resolve the terms of separation through mutual agreement without court involvement.

What Issues Can Be Decided in a Legal Separation?

A legal separation agreement can address nearly all the same legal matters as a divorce settlement:

Child custody and visitation: Who the children live with, and when the other parent can see them
Child support: Financial contributions toward the care of your children, calculated using the same guidelines as in divorce
Spousal support (alimony): How much financial support one spouse pays to the other, if any
Division of property and debts: Who keeps the marital home, vehicles, and other assets
Responsibility for bills and shared expenses
Insurance and tax considerations

While you remain legally married, these terms can still provide a stable framework during your separation. If either spouse later decides to file for divorce, the court can incorporate the separation agreement into the final divorce decree, but may scrutinize provisions related to child custody and support to confirm they meet the best interests of the child.

Why Would You Legally Separate But Not Divorce?

Consider David and Janet, a Long Island couple with two children. Janet isn’t ready to file for divorce. She’s still open to reconciliation, but she needs financial boundaries in place. They sign a separation agreement that divides parenting time, keeps Janet on David’s health insurance, and outlines who pays which household bills. They also remain legally married to retain tax benefits and protect future Social Security eligibility.

Legal separation often suits couples who need time, space, or financial stability without formally ending the marriage. This option can appeal to those with religious beliefs, insurance concerns, or uncertainty about whether divorce is the right step.

Does Legal Separation Involve Family Court?

If you and your spouse agree on the terms, you can create a private separation agreement without going to court. However, if there are disputes over child custody, child support, or spousal support, you may need to involve family court to resolve them.

For example, if one parent files a petition for custody or support while the couple is separated, the court may hold a hearing and issue an order based on the best interests of the child, as required under New York law.

Whether you’re resolving disputes privately or through the court system, it’s important to have legal representation that understands the impact of separation on long-term family law matters.

Does Legal Separation Affect Property Rights?

Yes. Once you and your spouse sign a separation agreement, the property terms are typically enforceable as a contract. This means that if the agreement says one spouse gets the house or car, and the other agrees, that arrangement is legally binding.

Legal separation can also prevent future claims to property or income acquired after the date of the agreement. This distinction becomes important if you later divorce and need to show that certain assets were no longer shared marital property.

Can You Convert a Legal Separation into a Divorce?

Yes. In New York, if you have lived separately under a valid separation agreement for at least one year, either spouse can file for divorce under the grounds of conversion divorce (DRL § 170(6)).

This allows you to finalize a divorce without re-litigating all the issues that were already decided in your separation agreement, unless one party contests the terms or alleges unfairness.

When Is Divorce the Better Option?

While legal separation can work for some couples, others may find that divorce is the only realistic step forward. Divorce may be the better option when:

You know the marriage is over and wish to remarry in the future
There are ongoing disputes that cannot be resolved amicably
You want a clean financial break and finality
Your spouse is unwilling to sign a separation agreement
Domestic violence, substance abuse, or ongoing conflict has made reconciliation impossible

In cases involving domestic violence or abuse, separation may not offer enough protection. A family law attorney can help you file for a protective order, seek custody of your children, and begin the process of ending the marriage through the court. It may also be helpful to speak with a financial advisor about the potential tax or insurance implications of staying legally married versus divorcing.

Do You Need a Lawyer for Legal Separation or Divorce?

You are not required to have an attorney, but family law involves complex issues that can affect your children, property, finances, and future. A legal separation lawyer or divorce lawyer in Long Island can draft or review your separation agreement, represent you in family court if needed, and advocate for your rights at every stage of the process.

At Hedayati Law Group, P.C., we represent clients throughout Nassau County, Suffolk County, and the rest of New York in both divorce and legal separation matters. Whether you’re preparing to live separately or ready to end your marriage legally, we can help you understand your options and decide what makes sense for your circumstances.

Facing Divorce or Legal Separation?

At Hedayati Law Group, P.C., we represent individuals and families across Nassau County, Suffolk County, and New York City in both contested and uncontested divorce matters. Whether you’re pursuing legal separation or ready to file for divorce, our team is equipped to handle the full scope of family law issues, from custody and child support to complex asset division and litigation.

With over 150 years of combined legal experience, we understand how quickly family court cases can escalate. We take a direct, strategic approach designed to protect your children, your financial security, and your long-term interests.

If you’re looking for family law attorneys who take the time to understand your circumstances and advocate for your goals, we’re ready to speak with you. Call (516) 588-7824 or fill out our confidential online form to schedule your free consultation today.

We’re here to protect your rights so you can move forward on your terms.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Hedayati Law Group, P.C.
666 Old Country Road, Suite 444
Garden City, NY 11530
(516) 334-4100 (516) 334-4100
https://www.hedayatilaw.com/

August 15, 2025 – Al Hedayati, Esq.