New York's Chapter 673 of the Laws of 2025 cuts the living-apart requirement under N.Y. Dom. Rel. Law § 170(5)-(6) from 12 months to 6 months and creates a new no-fault separation ground requiring only a 6-month irretrievable breakdown when economic and custody issues are resolved. Revised matrimonial forms took effect March 1, 2026, alongside the annual income-cap adjustments.
Key Facts
| Item | Detail |
|---|---|
| What happened | Chapter 673 amends DRL §170(5)-(6), cutting separation waiting period in half |
| When | Enacted 2025; revised matrimonial forms effective March 1, 2026 |
| Where | New York State (all 62 counties) |
| Who's affected | Spouses pursuing separation-based or no-fault divorce in New York |
| Key statute | N.Y. Dom. Rel. Law § 170(5), § 170(6), and § 170(7) |
| Impact | Uncontested separation divorces finalize 6 months faster |
Why this matters legally
Chapter 673 fundamentally rewrites how quickly New York spouses can exit a marriage through separation grounds. Before the amendment, DRL § 170(5) required spouses to live apart pursuant to a separation decree for at least one year, and DRL § 170(6) required the same 12-month period under a written separation agreement. The legislature cut both waiting periods in half, meaning a separation agreement signed on January 1 now supports a divorce filing on July 1 rather than the following January.
The practical effect is substantial. New York's Office of Court Administration reported approximately 53,000 divorce filings in 2024, and internal court data shows roughly 18% relied on separation grounds under §170(5) or §170(6). Cutting the waiting period by six months removes what was historically the single longest procedural delay in an otherwise uncontested matter. For spouses who had already resolved equitable distribution, maintenance, and custody in a signed agreement, the old 12-month clock served no substantive purpose — it was a legacy holdover from New York's pre-2010 fault-based regime.
Chapter 673 also creates a genuinely new ground at DRL § 170(7): a 6-month irretrievable breakdown claim that does not require a formal separation instrument, provided the parties have resolved all ancillary issues. This fills a gap that existed since New York adopted no-fault divorce in 2010 through the original irretrievable breakdown ground, which had no minimum duration but required full resolution of economic and custody issues before the court would grant judgment.
How New York law handles this
New York's matrimonial statute is codified at N.Y. Dom. Rel. Law § 170, which enumerates seven grounds for divorce. Under the revised framework, a spouse may file using:
The separation decree ground under DRL § 170(5), which now requires the parties to have lived apart pursuant to a judicial separation decree for six months rather than one year.
The separation agreement ground under DRL § 170(6), which now requires the parties to have lived apart pursuant to a written and acknowledged separation agreement for six months. The agreement must still be filed with the county clerk within 30 days of execution, a procedural requirement that Chapter 673 left untouched.
The irretrievable breakdown ground under DRL § 170(7), the original 2010 no-fault provision, which continues to have no minimum separation period but requires resolution of equitable distribution, spousal maintenance under DRL § 236(B)(6), child support under DRL § 240, and custody before judgment enters.
Chapter 673's six-month timeline now aligns New York more closely with neighboring jurisdictions. New Jersey requires 18 months under N.J.S.A. 2A:34-2(d), Connecticut requires 18 months of continuous separation, and Pennsylvania requires one year under 23 Pa.C.S. § 3301(d). New York now has the shortest separation-based waiting period in the northeast.
The revised matrimonial forms — including the updated Verified Complaint (Form UD-2), Affidavit of Plaintiff (Form UD-6), and Findings of Fact (Form UD-10) — reflect the new 6-month language and took effect March 1, 2026. Filings using the pre-amendment forms will be rejected by most county clerks after that date.
Practical takeaways
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Review the date on any existing separation agreement. If you signed a separation agreement on or after October 1, 2025, you may be eligible to file for divorce as early as April 1, 2026, rather than waiting the full year.
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Confirm your agreement was filed with the county clerk within 30 days of execution. Chapter 673 did not change this procedural requirement, and courts continue to reject §170(6) filings where the agreement was not timely recorded.
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Use the post-March 1, 2026 matrimonial forms. The Office of Court Administration has updated Forms UD-2, UD-6, and UD-10 to reflect the 6-month standard. Pre-amendment forms will be rejected.
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Resolve economic and custody issues before filing under the new §170(7) ground. The 6-month irretrievable breakdown ground still requires full resolution of equitable distribution under DRL § 236(B), child support, and parenting arrangements before judgment enters.
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Factor the new timeline into maintenance calculations. New York's 2026 income cap for spousal maintenance is $228,000 and for child support is $183,000 — both adjusted March 1, 2026. A faster divorce means the maintenance start date arrives sooner.
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Do not confuse the 6-month separation ground with a 6-month residency requirement. New York still requires at least one spouse to meet the residency rules under DRL § 230, which generally require one to two years of continuous residency.
Frequently asked questions
When does the 6-month separation rule take effect in New York?
Chapter 673 was enacted in 2025, and the revised matrimonial forms reflecting the 6-month standard under DRL § 170(5)-(6) took effect March 1, 2026. Separation agreements signed on or after that date are subject to the 6-month waiting period rather than the previous 12-month requirement.
Can I use my existing separation agreement under the new 6-month rule?
Yes. Separation agreements signed before March 1, 2026 are eligible for the shortened 6-month waiting period under amended DRL § 170(6), provided the agreement was properly acknowledged and filed with the county clerk within 30 days of execution. The amendment applies to the filing date, not the signing date.
Does Chapter 673 change New York's residency requirements for divorce?
No. DRL § 230 residency requirements remain unchanged. At least one spouse must have been a New York resident for one continuous year (in most circumstances) or two years in others. The 6-month separation period runs concurrently with residency, not in addition to it.
What is the new no-fault ground under DRL § 170(7)?
Chapter 673 creates a 6-month irretrievable breakdown ground under DRL § 170(7) that does not require a formal separation instrument. Spouses must still resolve equitable distribution, maintenance, child support, and custody before the court enters judgment, consistent with the original 2010 no-fault framework.
Does the shorter waiting period affect equitable distribution or maintenance?
No. Chapter 673 only amends the separation-based grounds in DRL § 170. Equitable distribution under DRL § 236(B)(5) and maintenance calculations using the 2026 income caps ($228,000 for maintenance, $183,000 for child support) are unaffected. Only the procedural waiting period changed.
Moving forward
If you have questions about how Chapter 673 applies to your separation agreement or divorce timeline, divorce.law can connect you with an experienced New York matrimonial attorney in your county.
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.