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Considering Public Policy When Drafting Separation Agreements

By Bari Brandes Corbin and Evan B. Brandes

Separation agreements differ from other kinds of post-nuptial agreements because they are contracts between a husband and wife who remain married but live separate and apart. Where they contain the provisions required by law, these agreements have long been recognized in New York as being valid and binding, and not contrary to public policy.

New York's public policy regarding separation agreements has changed significantly over the last 150 years, along with the changing mores of our society. Many tenets of former policies have fallen away as women gained equal rights to men in marriage relationships. However, the aspects of New York public policy regarding separation agreements that remain today must still be taken into account when drawing up these contracts.

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