News & Commentary

Dylan Dreyer Files for Divorce: What NY Law Means for 3 Kids

NBC Today host Dylan Dreyer filed for divorce March 10, 2026 in New York. How NY custody and equitable distribution laws apply to this 12-year marriage.

By Antonio G. Jimenez, Esq.New York8 min read

NBC Today cohost Dylan Dreyer filed for divorce from husband Brian Fichera on March 10, 2026, in New York, ending a 12-year marriage that produced three sons ages 5, 6, and 9. The filing — eight months after the couple publicly announced their separation in July 2025 — raises practical questions about how New York handles custody arrangements, equitable distribution, and relocation when young children are involved.

Key Facts

DetailInformation
What happenedDylan Dreyer filed for divorce from Brian Fichera
Filing dateMarch 10, 2026
Marriage duration12 years
ChildrenCalvin (9), Oliver (6), Rusty (5)
Separation announcedJuly 2025
RelocationDreyer moved from New York City to Long Island

New York Requires a Custody Plan for Three Minor Children

When a New York divorce involves minor children, the court must approve a parenting arrangement before finalizing the dissolution. Under N.Y. Dom. Rel. Law § 240, custody and visitation determinations are governed by a single standard: the best interests of the child. New York courts evaluate roughly 10 factors under this standard, including each parent's ability to provide a stable home, the quality of the home environment, and the willingness of each parent to foster a relationship with the other parent.

With three boys under age 10, the Dreyer-Fichera case falls squarely into the category where New York family courts scrutinize parenting plans most carefully. Courts in Nassau and Suffolk counties on Long Island — where TMZ reports Dreyer has relocated — generally favor shared parenting arrangements when both parents demonstrate cooperative co-parenting. The fact that both Dreyer and Fichera have reportedly maintained an amicable relationship since their July 2025 separation announcement works in favor of a negotiated custody agreement rather than a contested hearing.

New York does not use the term "joint custody" in its statutes. Instead, courts award "sole custody" or "joint custody" as practical arrangements, with legal custody (decision-making authority over education, health, and religion) and physical custody (where the children live) treated as separate determinations. For a family with three children ages 5 through 9, courts typically prefer keeping siblings together rather than splitting custody among different households.

Equitable Distribution After a 12-Year Marriage

New York is an equitable distribution state, not a community property state. Under N.Y. Dom. Rel. Law § 236(B)(5), marital property is divided fairly — but not necessarily 50/50. For a 12-year marriage, courts weigh 15 statutory factors including each spouse's income, the duration of the marriage, the age and health of both parties, and any loss of inheritance or pension rights.

Dreyer's position as an NBC Today cohost — a role she has held since 2012 — likely places her among higher-earning spouses in the proceeding. New York courts consider the income disparity between spouses when dividing assets. Brian Fichera, a former NBC cameraman, may have a different earnings profile. Under N.Y. Dom. Rel. Law § 236(B)(6), the court can also award maintenance (alimony) based on a statutory formula: the court calculates two figures using 30% of the higher earner's income minus 20% of the lower earner's income, and 40% of combined income minus the lower earner's income, then awards the lesser amount, capped at the payee receiving no more than 40% of combined income.

For a marriage lasting 12 years, New York's maintenance duration guidelines under N.Y. Dom. Rel. Law § 236(B)(6)(f) suggest a post-divorce maintenance period of 25% to 30% of the marriage length — roughly 3 to 3.6 years. These are advisory guidelines, not mandatory, and the court retains discretion to deviate based on circumstances.

The Long Island Relocation Factor

Dreyer's move from New York City to Long Island before filing adds a layer worth noting. Under New York case law established in Matter of Tropea v. Tropea (87 N.Y.2d 727, 1996), a custodial parent seeking to relocate must demonstrate that the move serves the child's best interests. However, a move from Manhattan to Long Island — roughly 25 to 50 miles depending on the specific location — is generally not treated the same as an out-of-state relocation.

New York courts distinguish between moves that substantially impair the noncustodial parent's access and those that are relatively proximate. A move within the New York metropolitan area, while potentially complicating school logistics and weekday parenting time, is less likely to trigger a full Tropea analysis than a move to another state. Nassau County is approximately 30 minutes to one hour from midtown Manhattan, keeping both parents within reasonable commuting distance for shared parenting.

That said, relocating before filing can sometimes be viewed negatively by the court if it appears designed to establish a status quo. New York judges pay attention to whether a parent's relocation was made in good faith and whether the other parent was consulted. The reportedly cooperative relationship between Dreyer and Fichera suggests this was a mutual decision rather than a unilateral move.

Practical Takeaways for New York Parents Considering Divorce

  1. File a parenting plan early. New York courts under N.Y. Dom. Rel. Law § 240 require a custody arrangement for all minor children. Presenting an agreed-upon plan at filing saves months of litigation and typically costs $3,000 to $5,000 less than a contested custody proceeding.

  2. Understand equitable distribution is not automatic 50/50. New York's 15-factor analysis under N.Y. Dom. Rel. Law § 236(B)(5) means the higher-earning spouse does not automatically forfeit half of all assets. Each marriage is evaluated individually.

  3. Document cooperative co-parenting from the start. New York courts heavily weight each parent's willingness to foster the child's relationship with the other parent. Text messages, shared calendar apps, and consistent handoff schedules all serve as evidence of cooperative parenting.

  4. Consult an attorney before relocating. Even a move within New York State can affect custody proceedings. Under Tropea, the court evaluates whether the move enhances the child's life and whether it was made in good faith. Getting legal guidance before moving — not after — protects your position.

  5. Separation periods matter for asset valuation. The Dreyer-Fichera couple separated in July 2025 and filed in March 2026 — an eight-month gap. Under New York law, the date of commencement of the divorce action is generally the cutoff for marital property valuation, but assets acquired during separation can still be contested.

Frequently Asked Questions

How does New York determine custody for multiple children?

New York courts apply the best interests standard under N.Y. Dom. Rel. Law § 240 to each child individually, though judges strongly prefer keeping siblings together. Courts evaluate roughly 10 factors including parental fitness, home stability, and each parent's willingness to support the other's relationship with the children. Approximately 80% of New York custody cases settle without a trial.

What is equitable distribution in a New York divorce?

Equitable distribution means marital property is divided fairly, not equally. Under N.Y. Dom. Rel. Law § 236(B)(5), courts weigh 15 factors including marriage duration, income of each spouse, and contributions to marital property. A 12-year marriage with significant income disparity could result in a 60/40 or 55/45 split rather than an even division.

Does moving to Long Island affect a New York custody case?

A move within the New York metropolitan area is generally treated differently than an out-of-state relocation. Under Matter of Tropea v. Tropea (87 N.Y.2d 727, 1996), courts evaluate whether the move serves the child's best interests and whether the noncustodial parent's access is substantially impaired. A 30-to-50-mile move within New York typically does not trigger the same scrutiny as interstate relocation.

How long does a New York divorce take with children involved?

A contested New York divorce with custody disputes averages 12 to 18 months from filing to final judgment. An uncontested divorce where both parties agree on custody, support, and property division can be completed in as few as 3 to 6 months. The mandatory 120-day waiting period under N.Y. Dom. Rel. Law § 210 applies after filing in all cases.

How is spousal maintenance calculated in New York?

New York uses a statutory formula under N.Y. Dom. Rel. Law § 236(B)(6): the court calculates 30% of the higher earner's income minus 20% of the lower earner's income, then compares it to 40% of combined income minus the lower earner's income. The lesser amount is awarded, capped so the payee receives no more than 40% of combined income. For a 12-year marriage, duration guidelines suggest 3 to 3.6 years of post-divorce maintenance.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.

Key Questions

How does New York determine custody for multiple children?

New York courts apply the best interests standard under N.Y. Dom. Rel. Law § 240 to each child individually, though judges strongly prefer keeping siblings together. Courts evaluate roughly 10 factors including parental fitness and home stability. Approximately 80% of New York custody cases settle without a trial.

What is equitable distribution in a New York divorce?

Equitable distribution means marital property is divided fairly, not equally. Under N.Y. Dom. Rel. Law § 236(B)(5), courts weigh 15 factors including marriage duration, income of each spouse, and contributions to marital property. A 12-year marriage could result in a 60/40 or 55/45 split.

Does moving to Long Island affect a New York custody case?

A move within the New York metropolitan area is treated differently than out-of-state relocation. Under Matter of Tropea v. Tropea (87 N.Y.2d 727, 1996), courts evaluate whether the move serves the child's best interests. A 30-to-50-mile move within New York typically does not trigger the same scrutiny as interstate relocation.

How long does a New York divorce take with children involved?

A contested New York divorce with custody disputes averages 12 to 18 months from filing to final judgment. An uncontested divorce with full agreement can be completed in 3 to 6 months. The mandatory 120-day waiting period under N.Y. Dom. Rel. Law § 210 applies after filing in all cases.

How is spousal maintenance calculated in New York?

New York uses a statutory formula under N.Y. Dom. Rel. Law § 236(B)(6): 30% of the higher earner's income minus 20% of the lower earner's income, compared to 40% of combined income minus the lower earner's income. The lesser amount is awarded, capped at 40% of combined income. For a 12-year marriage, duration guidelines suggest 3 to 3.6 years.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering New York divorce law

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