In October 2010, New York became the last state in the country to adopt no-fault divorce.  This means that since no-fault became New York law, any married person is eligible to file for divorce from a spouse without having to allege some sort of “fault” (like adultery) on the part of the other spouse.  Likewise, you are now longer required under New York law to live under an established separation agreement for a period of time before you become eligible for file for divorce.  If you wish to file for divorce, the only thing you must state is that there has been an irretrievable breakdown within the marriage and that it has lasted for more than six months.

There are situations, however, when you may prefer to be separated first.  There are numerous reasons that couples consider separation in New York.  Frequently, parties will separate and not divorce if they can continue to be covered under the same medical insurance policy.  A couple needs to explore if their current policy will remain in effect if they separate.  If you believe that you may work out the marital issues after a period of time, separation can provide a cooling-off period to give both parties an option to plan for the future, whether it is reconciliation or divorce.

If you’re unsure of your next steps regarding divorce, separation can give you a period to consider your options and plan for the next stage in your life, like a career move or a move to another location.  In separation, you may put together an agreement for the purposes of spousal support, child support, or child custody so that every party is on the same page about these key concerns should either party want to proceed with a divorce.

If you are separated in New York, bear in mind that you do have the right to move forward with a divorce without having a specific “fault” to argue against the spouse.  While separation is not a mandatory step prior to divorce, some couples find that it’s a helpful period for thinking things over and evaluating plans for the future.  In these cases, the parties may get back together or divorce.