If you have a legal separation in New York. can you still live together?

Attorney answers (5)

1. Licensed in NY

   

   Jean MahserjianPro

   Clifton Park Divorce / Separation Lawyer

   Contributor Level 12

   

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   Answered January 20, 2013 19:26. Yes, you can. But, if you later seek a divorce based upon living separate and apart pursuant to a separation agreement, you can run into a problem.
   
   This has been an issue for many couples - in particular couples who are under water on their residence who stay together because they cannot sell the property. However, if the issue is addressed in the Separation Agreement, the problem is resolved.
   
   If you rely on the no fault grounds for divorce and do not seek a divorce based upon living separate and apart pursuant to a Separation Agreement, you will have less likelihood of a problem arising.

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2. Licensed in NY

   

   Lori Noel Bovee

   Albany Divorce / Separation Lawyer

   Contributor Level 12

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   Answered January 20, 2013 19:02. Yes. Of course if your separation agreement gives one person exclusive use and occupancy of the residence, you could be in violation of it. But if you agree to live together, why not.

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3. Licensed in NY

   

   Douglas KepanisPro

   New York Divorce / Separation Lawyer

   Contributor Level 11

   

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   Answered January 20, 2013 19:05. You must live "separate and apart". Living together does not qualify as separate and apart

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4. Licensed in NY

   

   David BrowdePro

   Chappaqua Divorce / Separation Lawyer

   Contributor Level 20

   

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   Answered January 20, 2013 19:11. Yes.

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5. Licensed in NY

   

   Jayson LutzkyPro

   Bronx Divorce / Separation Lawyer

   Contributor Level 20

   

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   Answered January 20, 2013 19:46. Yes.

   If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... moreIf this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com. less

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