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Jenny Mollen & Jason Biggs Separate After 18 Years: NY Law Analysis

Jenny Mollen and Jason Biggs separated after 18 years. What NY DRL § 236 and § 170(7) mean for amicable splits and co-parenting in 2026.

By Antonio G. Jimenez, Esq.New York5 min read

Actress Jenny Mollen and American Pie star Jason Biggs separated after 18 years of marriage, sharing sons Sid (12) and Lazlo (8), Mollen revealed on a June 23 podcast appearance. For New York residents, their amicable, still-romantic split shows how no-fault divorce under N.Y. Dom. Rel. Law § 170(7) lets couples separate without proving wrongdoing.

Key Facts

DetailSummary
What happenedJenny Mollen and Jason Biggs announced their separation after 18 years of marriage
WhenDisclosed in a June 23, 2026 podcast appearance
WhereThe couple has longstanding ties to New York; California is also relevant given their entertainment careers
Who's affectedMollen, Biggs, and their two sons, Sid (12) and Lazlo (8)
Key statute/ruleN.Y. Dom. Rel. Law § 170(7) (no-fault divorce); N.Y. Dom. Rel. Law § 236 (property and support)
ImpactDemonstrates how amicable couples can dissolve a marriage and co-parent without adversarial litigation

Why this matters legally

An amicable separation like the one Mollen described still requires a formal legal process to become a divorce in New York. A couple stating publicly that they remain "romantic" and on "a solid relationship" does not change the fact that, to legally end a marriage, they must file under one of the grounds in N.Y. Dom. Rel. Law § 170. Since New York adopted no-fault divorce in 2010, couples can cite an irretrievable breakdown of the relationship for at least six months under N.Y. Dom. Rel. Law § 170(7), eliminating the need to prove fault.

New York courts treat the level of agreement between spouses as central to how the case proceeds. When parties cooperate, as Mollen suggests she and Biggs do, the divorce can move through the system as an uncontested matter, often without a single courtroom appearance. The legal reality is that cooperation reduces cost and time, but it does not waive the statutory requirements for dividing property, addressing support, and finalizing parenting arrangements.

How New York law handles this

New York is an equitable distribution state under N.Y. Dom. Rel. Law § 236, meaning marital property is divided fairly, not necessarily 50/50. For a couple married 18 years, like Mollen and Biggs, courts presume that nearly all assets acquired during the marriage are marital property subject to division. The statute directs courts to weigh roughly 14 factors, including the length of the marriage, each spouse's income and property, and the contributions of a non-titled spouse, including as a homemaker.

Child custody in New York, now framed as legal and physical custody, follows the "best interests of the child" standard established in Eschbach v. Eschbach, 56 N.Y.2d 167 (1982). When parents agree, as Mollen describes being "amazing co-parents," they can submit a stipulated parenting plan for court approval rather than litigating custody. For children aged 12 and 8, courts consider stability, each parent's caregiving history, and, for older children, the child's preferences, though a 12-year-old's wishes are not controlling.

Child support in New York follows the Child Support Standards Act under N.Y. Dom. Rel. Law § 240, which applies fixed percentages to combined parental income: 17% for one child, 25% for two children, and up to 35% for five or more. For Mollen and Biggs with two children, the guideline figure would be 25% of combined parental income up to the statutory cap, which stands at $183,000 as of 2024 before courts apply discretion to income above that threshold.

Spousal maintenance, New York's term for alimony, is calculated under N.Y. Dom. Rel. Law § 236 Part B using a statutory formula and an advisory duration schedule. For a marriage lasting more than 15 years, the advisory schedule suggests maintenance for 35% to 50% of the marriage length, meaning an 18-year marriage could see guideline maintenance durations of roughly 6.3 to 9 years, subject to the court's discretion and the parties' agreement.

Practical takeaways

  1. Put the amicable agreement in writing. Even couples who "talk 18 times a day" should formalize their understanding in a written separation agreement or stipulation. Under N.Y. Dom. Rel. Law § 236 Part B(3), a properly executed agreement is binding and can resolve property, support, and custody without litigation.

  2. Address child support even when you agree. New York courts will not approve a settlement that ignores the Child Support Standards Act. Parents who agree to deviate from the 25% guideline for two children must state their reasons in writing under N.Y. Dom. Rel. Law § 240.

  3. Build a detailed parenting plan. For children aged 12 and 8, a written plan covering school schedules, holidays, decision-making, and relocation protects both parents and reduces future conflict. Courts approve agreed plans that serve the children's best interests.

  4. Document the separation date. The date a couple stops living as spouses can affect what counts as marital property under N.Y. Dom. Rel. Law § 236. Income and assets acquired after the commencement of a divorce action are generally separate property.

  5. Consider mediation before filing. Couples like Mollen and Biggs who remain on good terms are strong candidates for mediation, which can produce a complete settlement an attorney then converts into an uncontested filing, typically resolved in three to six months in New York.

If you are separating amicably and want to understand how New York's equitable distribution and child support rules apply to your situation, connecting with a qualified New York family law attorney early can help you turn a cooperative relationship into a clean, enforceable agreement. Many couples who stay on good terms still benefit from independent legal guidance before signing anything.

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

Can you get divorced in New York if you still get along?

Yes. New York's no-fault divorce under N.Y. Dom. Rel. Law § 170(7), adopted in 2010, lets amicable couples divorce by citing an irretrievable breakdown lasting at least six months. Cooperative couples can file uncontested, often resolving in three to six months without a courtroom appearance.

How is property divided in an amicable New York divorce?

New York follows equitable distribution under N.Y. Dom. Rel. Law § 236, dividing marital property fairly, not automatically 50/50. Courts weigh about 14 factors, including the 18-year marriage length and each spouse's contributions. Amicable couples can agree on their own split in a binding written settlement agreement.

How much is child support for two children in New York?

Under New York's Child Support Standards Act (N.Y. Dom. Rel. Law § 240), child support for two children is 25% of combined parental income up to the statutory cap of $183,000 as of 2024. Courts apply discretion to income above that threshold based on the children's needs.

How long does spousal maintenance last after an 18-year marriage in New York?

For marriages over 15 years, New York's advisory schedule under N.Y. Dom. Rel. Law § 236 suggests maintenance lasting 35% to 50% of the marriage length. An 18-year marriage could see guideline durations of roughly 6.3 to 9 years, subject to court discretion and the parties' own agreement.

Do New York courts approve custody agreements parents make themselves?

Yes. New York courts approve agreed parenting plans that serve the children's best interests under the Eschbach v. Eschbach (1982) standard. Cooperative parents can submit a stipulated plan covering custody, schedules, and decision-making rather than litigating, which courts generally approve when it protects the children.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering New York divorce law