1 New York State Legal Separation Vs Divorce which is sometimes accomplished through a separation agreement or court order, permits spouses to live apart while still being married in New York. It doesn't end the marriage, but it does address support, custody, and property. However, a divorce officially dissolves a marriage, permitting remarriage and imposing fair sharing. Legal separation may be decided for personal, economical, or religious reasons, or it may be a prelude to divorce. Legal agreements outlining rights and obligations are necessary for both.