Are you and your spouse considering a divorce? If so, we understand that this is a difficult time for both of you. It is crucial that the next steps you take in deciding your future be done with the help of an attorney. The choices you and your spouse make during these times will have life long effects on you, your assets and most importantly, your children if you have them. Michael A Cohen has handled many separation agreement and divorce cases in a Suffolk and Nassau Counties, NYC, and Westchester and is ready to take your call. We will meet with you immediately to listen to your needs.
Couples in Long Island who are contemplating a divorce or who have filed for a divorce often get separation agreements. They are basically written accords between the husband and wife that make provisions for property, other assets, debt, alimony, child support and other things related to the marriage. They are in contemplation of a divorce and must be filed at least one year before the divorce papers are filed.
There are basically two types of assets when dealing with separation agreements: marital and non-marital. The marital assets (and debts) are divided in the agreements. However, non-marital assets are not. What is a marital asset? They are those assets that were acquired after the marriage. So, for example, if your spouse had a debt of 10,000 dollars before entering the marriage, this debt would not be considered marital. Inheritances are also generally considered non marital, unless the person who made the will decides differently.
Should I Get A Separation Agreement?
If you have no property or assets and no children, then probably no. However, if you do, the answer is yes. Having written agreements with your spouse is the only way to truly provide a secure future for yourself and your children. Doing this leaves very little up to chance. The written word goes a long way in the judicial system. Alternatively, you are left with verbal agreements which can not be really be proven. They are also subject to change and inaccuracies.
Remember, these accords can be modified as time passes. It often happens that a spouse may change his or her mind or both as the process goes on and approaches the divorce. This is common and recommended because it allows the agreements to reflect the current reality, which is always changing. If both spouses consent, then the terms can be easily amended.
Your spouse will probably have an attorney during all of this. His or her attorney will have one mission: to make the terms of the separation agreement more favorable for his client. You need an experienced attorney to make sure your needs and desires are reflected in the separation agreements.
Call Michael A. Cohen today for immediate help and counseling. 516-280-6806