§. The Separation Agreement becomes legal (binding) as soon as it is notarized. When you or your spouse files for legal separation or divorce, you can agree on the division of marital property and separate property.New York is an equitable distribution state, which means that property must be divided as fairly as possible in a divorce. The court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide. If you are in Forest Hills, NY and in need of a property division lawyer, our experienced attorneys can help with your case. A separation agreement is a written contract between you and your spouse that outlines the rights and responsibilities of each spouse while living apart.