What is the Difference between a Decree of Separation and a Decree of Divorce?
• A Separation Decree Does Not End Your Marriage: First, unlike divorce, a legal separation does not end your marital relationship. Consequently, the Court does not have the authority to distribute marital property in the context of a separation action. Equitable distribution of marital property may only be accomplished in connection with the issuance of a Judgment of Divorce. In the case of Valade v. Valade, 261 A.D.2d 881 (4th Dept. 1999) the distinction between the two different causes of action was apparently lost upon both the litigants and the trial court judge. Their error was corrected by the Appellate Division, which issued a terse, on paragraph decision, in which it ruled: Supreme Court lacked authority to distribute the marital property in this action for separation because such an action does not result in the dissolution of the marriage (see, Domestic Relations Law 200 Dom. Rel., 236 [B] [5]). We modify the judgment, therefore, by vacating those decretal paragraphs that di
