Question #42: My husband and I are talking about a legal separation agreement. Is it possible for it to be legal if he makes an apartment downstairs in our home and I still would live upstairs and we split the bills in half and he pays me child support? My question is would this really still be considered a legal separation? Please advise.

Among the many advantages of divorce mediation, is the ability to design your Separation or Divorce as you wish, rather than be forced to accept a decision imposed by a judge who does not know you or your situation. It is definitely possible to make such a legal separation as you describe, but it must be done in proper legal form, by an experienced, matrimonial attorney and incorporated into a Separation Agreement, along with other necessary and important provisions. If you are living in the New York City metropolitan area, I strongly suggest that you call me at 212-370-1660 to arrange for a meeting.

Leonard M. Weiner, Esq./Divorce Solution