A legal separation is a marital status, “whereby a husband and wife live apart from each other while remaining married, either by mutual consent (often in a written agreement) or by judicial decree.” In New York, separation may last for any period of time, as a separation agreement does not automatically become a divorce after one year. Issues such as custody, support and property distribution, which includes retirement benefits, as well as real estate and business interests, can be part of a separation agreement.
Some people choose a legal separation instead of divorce for religious reasons. Others select a legal separation for financial reasons, to allow both parties and the children to continue health insurance coverage under the existing family policy.