Effective March 1, 2026, Chapter 673 of the Laws of 2025 created a true no-fault basis for legal separation in New York and cut the separation period required for a conversion divorce under N.Y. Dom. Rel. Law § 170 from one year to six months. Separated New Yorkers can now finalize an uncontested divorce twice as fast.
Key Facts
| Item | Detail |
|---|---|
| What happened | Chapter 673 created a no-fault separation ground and halved the conversion-divorce waiting period |
| When | Signed December 19, 2025; effective March 1, 2026 |
| Where | New York State (all 62 counties) |
| Who's affected | Spouses seeking legal separation or a conversion divorce under DRL §170(5)/(6) |
| Key statute/rule | N.Y. Dom. Rel. Law § 170(5) and (6) |
| Impact | Separation wait drops from 12 months to 6 months; CSSA income cap raised to $193,000; maintenance cap to $241,000 |
Why this matters legally
Chapter 673 fundamentally shortens the timeline for the most common contested-divorce alternative in New York. Under the prior version of N.Y. Dom. Rel. Law § 170(5), a spouse who lived apart pursuant to a separation decree for one or more years could convert that separation into a divorce. The same one-year rule applied under § 170(6) for couples living apart under a written separation agreement. As of March 1, 2026, that waiting period is six months.
This is more than an administrative tweak. New York was the last state in the nation to adopt no-fault divorce, doing so only in 2010 with the addition of the irretrievable-breakdown ground under § 170(7). For couples who prefer the structure and finality of a written separation agreement before divorcing, the one-year wait was a real friction point. Halving it removes a meaningful barrier and aligns conversion divorce more closely with the speed of a straightforward no-fault filing.
The law also, for the first time, establishes a true no-fault basis for a judgment of legal separation. Previously, legal separation in New York generally required fault-based grounds such as cruel and inhuman treatment, abandonment, or non-support under § 200. Chapter 673 lets spouses obtain a separation judgment without alleging wrongdoing, which preserves marital status for insurance or religious reasons while still triggering the now-shorter conversion clock.
How New York law handles this
New York divorce now offers two distinct paths that lead to the same place. The fastest route remains a direct no-fault divorce under N.Y. Dom. Rel. Law § 170(7), which requires only a sworn statement that the marriage has been irretrievably broken for at least six months, with all economic issues and parenting arrangements resolved before judgment. The conversion path under § 170(5) and (6) is the alternative for spouses who first formalize a separation.
Under the revised conversion rules, a couple must either obtain a judgment or decree of separation or execute and acknowledge a written separation agreement, then live separate and apart in accordance with that decree or agreement for at least six months. The separation agreement must still satisfy the formalities of N.Y. Dom. Rel. Law § 236, including full financial disclosure and proper acknowledgment, the same standard applied to prenuptial and postnuptial agreements.
The New York State Unified Court System simultaneously updated its Uncontested Divorce Packets to reflect Chapter 673. That same form revision incorporated two recurring inflation adjustments to the Child Support Standards Act: the combined parental income cap rose to $193,000, and the income cap used to calculate the guideline amount of spousal maintenance rose to $241,000. Courts apply the statutory child-support percentages, 17 percent for one child and 25 percent for two, to combined income up to that $193,000 cap before exercising discretion on income above it.
Practical takeaways
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Recalculate your timeline. If you signed a separation agreement before March 1, 2026, you may now qualify for a conversion divorce after six months of living apart rather than twelve. Confirm the start date of your separation period.
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Get the agreement right under § 236. A conversion divorce is only as solid as the separation agreement behind it. Ensure full financial disclosure, proper notarized acknowledgment, and resolution of property, support, and parenting terms before relying on it.
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Use the current court packets. Download the latest Uncontested Divorce Packet from the New York Courts website. Older forms predating Chapter 673 may reference the one-year period and outdated income caps.
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Reverify support numbers. If child support or maintenance is part of your agreement, confirm the figures against the updated CSSA cap of $193,000 and the maintenance cap of $241,000 to avoid an order that a court will not approve.
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Weigh separation versus direct no-fault. If you have no insurance, religious, or financial reason to remain technically married, a direct § 170(7) no-fault divorce may still be the simpler route. Separation-then-conversion now makes the most sense when you want a binding agreement in place first.
If you are navigating a separation or conversion divorce in New York and want to understand how Chapter 673 affects your specific timeline, connecting with a New York family law attorney can help you sequence the steps correctly. You can also explore our New York divorce guides and tools to prepare before that conversation.
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.