These rights may be available to you whether or not a separation agreement has been entered into between you and your spouse. Section 205.1 Application of Part; waiver; additional rules; definitions.How do I file my Separation Agreement? Article 1. Recognition. The State, pursuant to the certification of the Public Employment. Generally, to be separated in Nassau and Suffolk counties in New York, married persons must become parties to a "separation agreement. While it is possible for a coowner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally.