By Brian Figeroux, Esq.
Divorce is a complex and emotional decision, but for low-income single parents in New York who are separated from their spouses, filing for divorce as soon as possible can be crucial to ensuring stability, financial security, and the well-being of their children. Under New York State Matrimonial Law, remaining in a legally married but separated status can create serious legal and financial disadvantages, particularly when it comes to child custody, child support, access to public assistance, inheritance rights, and other legal protections.
This article examines why low-income single parents should not delay in filing for divorce and how doing so can protect their rights and their children’s best interests under New York law.
- Legal Custody and Decision-Making Rights
Why Divorce Matters for Custody
In New York, when parents are separated but not divorced, legal custody issues remain unresolved. This can lead to complications regarding who has the final say in important decisions affecting the child, including:
- Education: Where the child goes to school
- Healthcare: Medical treatment decisions
- Religion: Religious upbringing
- Relocation: Whether one parent can move with the child to another city or state
Without a formal divorce and custody order, both parents technically have equal rights to make major decisions. This can lead to disputes and confusion, especially if one parent is uninvolved or unreliable.
How Divorce Helps
By filing for divorce, the custodial parent (the parent with primary responsibility for the child) can:
Seek sole legal custody, ensuring that they have full decision-making authority
Prevent the non-custodial parent from interfering with important life choices for the child
Establish a clear parenting schedule, reducing conflict and uncertainty
For low-income single parents, securing legal custody through divorce is essential to maintaining stability for their child.
- Child Support: The Financial Lifeline
No Divorce, No Enforceable Child Support Order
One of the biggest disadvantages of remaining separated without divorcing is that there is no automatic child support order in place. New York law requires a formal divorce decree or family court order to enforce child support obligations. Without this:
The non-custodial parent is not legally required to pay child support
There is no enforcement mechanism if the non-custodial parent refuses to pay
The custodial parent may struggle financially, leading to instability for the child
Divorce Ensures Proper Child Support Payments
By filing for divorce, a low-income single parent can:
Obtain a court-ordered child support agreement
Enforce payments through wage garnishment or tax refund interception
Receive retroactive support for unpaid amounts
Under New York Child Support Standards Act (CSSA), the non-custodial parent must pay a fixed percentage of their income toward child support:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
Without a divorce, the custodial parent may struggle to obtain these legally mandated payments, making financial hardship much worse.
- Access to Public Assistance and Benefits
Marriage Can Complicate Eligibility for Assistance
Many low-income parents rely on public assistance programs such as:
- Medicaid (healthcare for themselves and their children)
- SNAP (Food Stamps)
- Section 8 Housing Assistance
- Temporary Assistance for Needy Families (TANF)
However, remaining legally married (even if separated) can negatively impact eligibility for these programs because a spouse’s income may still be considered—even if they do not contribute financially.
Divorce Clarifies Financial Independence
By finalizing a divorce, a single parent can:
Ensure that only their actual household income is counted for public assistance
Become eligible for state and federal assistance programs without their spouse’s income interfering
Provide financial stability for their child
For low-income parents, losing access to benefits due to an inactive marriage can make an already difficult financial situation even worse.
- Protection from Debt and Financial Liability
Remaining Married Means Shared Debt
New York is an equitable distribution state, meaning that assets and debts acquired during the marriage are divided in a way that the court deems fair. If a separated but still legally married spouse:
Accumulates credit card debt
Takes out loans
Defaults on financial obligations
The other spouse (including the custodial parent) may still be liable for a portion of that debt during divorce proceedings.
Divorce Ensures Financial Separation
A divorce decree legally separates finances, protecting the custodial parent from future liabilities
The custodial parent can establish their own credit and financial independence
Any existing debts can be fairly allocated during divorce proceedings
For a low-income single parent struggling financially, the last thing they need is to inherit financial problems from a spouse they are no longer with.
- Inheritance Rights and Future Security for the Child
A Spouse Still Has Legal Rights to the Other’s Estate
Under New York law, if a person dies while still legally married, their spouse may still be entitled to:
- A portion of their estate (even if separated for years)
- Social Security benefits
- Retirement accounts and pensions
If a low-income single parent remains legally married, their estranged spouse could potentially claim financial benefits instead of their child.
Divorce Protects the Child’s Future
The custodial parent can update wills, beneficiaries, and estate plans to ensure assets go to their child
The non-custodial spouse loses rights to assets they were no longer contributing to
The custodial parent gains the freedom to remarry or make financial decisions without legal entanglements
For a single parent trying to build a secure future for their child, divorce ensures that their child—not an estranged spouse—receives financial benefits.
Conclusion: Why Filing for Divorce ASAP Is the Best Move for Low-Income Single Parents
For low-income single parents separated but not divorced, waiting to file can create significant risks and financial hardships. Filing for divorce sooner rather than later ensures:
Legal custody rights for decision-making
Enforceable child support payments
Access to public assistance programs
Financial protection from debts and liabilities
Secure inheritance rights for the child
New York State Matrimonial Law provides strong legal protections for custodial parents and children, but these protections only come into effect after divorce is filed and finalized.
For single parents struggling financially, delaying divorce can create unnecessary obstacles, leaving both them and their child vulnerable. Taking action now ensures that both parent and child have the stability, security, and financial resources needed for a better future.