Divorce Laws in New York: Plain-English Guide (2025)
Thinking about divorce in New York? This guide explains the legal basics—ways to end a marriage, grounds, property division, support, custody, the filing process, timelines, and special situations—in clear, practical language.
Key Takeaways (Fast Facts)
Ways to end a marriage in NY: Annulment, Legal Separation, or Divorce
No-fault since 2010: you can cite an irretrievable breakdown; fault grounds still exist (e.g., cruelty, adultery, abandonment, incarceration)
Property division: New York is equitable distribution (fair ≠ 50/50)
Retirement assets: divided under the Majauskas formula (coverture fraction) via a QDRO after judgment
Spousal maintenance (since 2015): presumptive formula + typical duration ranges
Child support: guideline-based, usually ends at age 21 (unless emancipated)
Custody: legal vs. physical custody; best-interests standard
Bifurcation: rarely granted in NY
Health insurance: coverage changes restricted during the case; COBRA may extend coverage up to 18 months post-divorce (you pay premiums)
1) Ways to End a Marriage in New York
Annulment
Treats the marriage as if it never legally existed. Grounds must be proven in court and include:
A spouse under 18 at the time of marriage
Fraud, duress, or coercion
Lack of mental capacity to consent
Inability to have sexual relations
Incurable mental illness for 5+ years
Legal Separation
A court-recognized order or written separation agreement that sets rules for property, support, and parenting while you remain married. A 1+ year legal separation can later serve as grounds to expedite a divorce.
Divorce
Legally ends the marriage and resolves property, support, and parenting issues.
No-fault: “irretrievable breakdown” of the marriage
Fault: cruel and inhuman treatment, adultery, abandonment (1+ year), or incarceration (3+ years after marriage)
2) Equitable Distribution: Marital vs. Separate Property
New York divides marital property equitably (fairly), not necessarily equally. Judges may weigh:
Age/health of each spouse, length of marriage
Income and property brought into the marriage
Whether maintenance (alimony) will be awarded
Custodial parent’s financial needs
Future needs post-divorce
Waste or concealment of marital assets (especially near separation)
Liquidity of assets; pensions/health insurance/inheritance rights
Businesses are marital property but hard to split; courts often award the business to the operating spouse and offset with other assets.
Separate Property (generally not divided)
Assets owned before marriage
Inheritance or third-party gifts to one spouse
Personal injury compensation
Property listed as separate in a valid prenup/postnup
Passive appreciation of separate property (unless the other spouse contributed to its growth)
Avoid commingling if you mean to keep something separate (e.g., don’t title it jointly, don’t deposit inheritance into joint accounts, document contributions). A post-nuptial agreement can reinforce separate ownership.
Gifts During Marriage
Gifts are presumed marital unless you can show they were intended solely for one spouse (ideally with contemporaneous documentation and consistent titling/recordkeeping).
Debts
Debts incurred during the marriage are generally marital obligations, even if one spouse ran them up. Settlement can shift who pays what, but missed payments can still affect both credit scores. Courts can enforce payment (including contempt).
3) Retirement Plans, Pensions, IRAs, and 401(k)s
Retirement benefits accrued during the marriage are marital property. In practice, courts in New York State often use the Majauskas formula (Coverture fraction) to allocate the marital portion.
How it’s split:
After judgment, a Qualified Domestic Relations Order (QDRO) (or plan-specific order) is drafted.
The court approves it.
The plan administrator approves and divides the benefit per the order.
Courts can vary from Majauskas (e.g., award a flat dollar amount or value shares as of a specific date, often the commencement date).
4) Spousal Maintenance (Alimony) in New York
New York uses a presumptive formula (since 2015) to calculate amounts; courts can deviate with stated reasons. Temporary maintenance can be ordered while the case is pending; post-divorce maintenance is set in the judgment. Family Court can later modify/enforce.
Typical duration guideposts (based on length of marriage):
0–15 years: 15%–30% of the marriage length
15–20 years: 30%–40%
20+ years: 35%–50%
Ends if the recipient remarries or either spouse dies. Courts may adjust for factors like earning capacity, standard of living, age/health, debts/assets, tax impacts, child-care constraints, contributions to the other spouse’s career, and availability/loss of health insurance.
5) Child Support in New York
Guidelines set the base amount, but courts can adjust if a guideline outcome would be unjust or inappropriate considering:
Financial resources of child and parents
The standard of living the child would have enjoyed
Child’s health/special needs
Each parent’s obligations and tax consequences
Non-monetary contributions to child’s care
Educational needs of either parent
Income disparities and other children’s needs
Extraordinary visitation costs for the noncustodial parent
Any other relevant factors
Parents also share add-ons (healthcare, childcare, education, other irregular expenses). Nonpayment can trigger violations, money judgments, and in willful cases, possible jail (up to 6 months). Support usually ends at 21 (earlier if emancipated).
6) Custody and Parenting Time
New York distinguishes legal custody (decision-making for health, education, religion) from physical/residential custody (where the child lives). Courts may order joint or sole versions of each.
All custody decisions follow the best-interests of the child standard, weighing:
Each parent’s ability to care for the child
Mental health, substance use, domestic violence, criminal issues
Work schedules, educational/medical/religious needs
The child’s wishes (more weight with older children)
Grandparents and certain relatives may seek visitation in limited circumstances. Courts issue custody orders until the child turns 18.
Substance abuse: Not a stand-alone fault ground, but highly relevant to custody and asset waste (if marital funds fueled the habit).
7) Process Essentials
Bifurcation (Ending Marital Status First)
Rarely granted in NY absent compelling reasons. It can mean two trials, higher cost, and less urgency to settle economic issues.
Financial Disclosure
Each spouse must provide full and accurate disclosures (e.g., a Statement of Net Worth covering income, expenses, assets, debts, business interests, loans). Discovery tools (and, if needed, subpoenas) help verify. False statements risk civil and criminal penalties. If you forget something, amend before judgment if possible.
8) Safety, Insurance, and Other Common Issues
Domestic Violence
Immediate safety comes first. Seek police help and consider a civil order of protection (before or during divorce). Orders can last up to five years. Domestic violence heavily influences custody and may limit visitation to supervised settings.
Health Insurance
Automatic orders generally prevent either spouse from changing insurance during the case without court permission. Post-divorce, a spouse usually can’t stay on the other’s plan. COBRA can extend similar coverage for up to 36 months if you pay the premiums; courts can also allocate insurance costs in the judgment.
Adultery & Fault
New York is no-fault; citing fault (adultery, cruelty, abandonment, incarceration) is still allowed and sometimes used to argue for more favorable settlement terms.
Military Divorce
Residency can be met if a spouse lives in NY or is stationed in NY. The Servicemembers Civil Relief Act (SCRA) may allow a delay if service impedes participation. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how military benefits are treated (note the 10-year marriage/active-duty rule for direct retirement distributions under federal law).
9) Practical Checklist
Confirm residency grounds
Decide your process (mediation, collaborative, litigation, etc.)
Avoid commingling if protecting separate assets
Inventory assets/debts; gather statements, tax returns, pay stubs
Prepare/exchange financial disclosures (Statement of Net Worth)
Address custody/parenting plan and support
Plan for health insurance changes and COBRA if needed
For retirement assets, arrange QDRO drafting during settlement and before judgement
Finalize judgment, then update records (names, beneficiaries, titles)
FAQ
Is New York no-fault?
Yes. You can file based on an irretrievable breakdown; fault grounds are also available.
What is “equitable distribution”?
A fair allocation of marital assets/debts (not automatically 50/50), considering factors like health, age, earnings, needs, contributions, and asset liquidity.
How long does support last?
Typical ranges (by marriage length): 15%–30% (0–15 yrs), 30%–40% (15–20 yrs), 35%–50% (20+ yrs). Courts may deviate with reasons.
When does child support end?
Generally at 21, earlier if emancipated.
What is a QDRO?
A court-approved order that directs a retirement plan to pay a portion to the non-employee spouse per the divorce judgment (often using the coverture fraction).
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