New York has officially halved its no-fault divorce separation requirement from one year to six months under Chapter 673 of the Laws of 2025, with revised Uncontested Divorce Packets taking effect March 1, 2026. The same legislative package raised the Child Support Standards Act (CSSA) income cap from $183,000 to $193,000 and the Maintenance Guidelines Act payor income cap from $228,000 to $241,000, directly affecting how courts calculate support in thousands of pending and future cases across the state.
| Key Fact | Detail |
|---|---|
| What happened | New York reduced its no-fault separation period from 12 months to 6 months |
| Effective date | March 1, 2026 (revised court forms now available) |
| Governing law | Chapter 673, Laws of 2025; N.Y. Dom. Rel. Law § 170(7) |
| Child support income cap | Raised from $183,000 to $193,000 (5.5% increase) |
| Maintenance income cap | Raised from $228,000 to $241,000 (5.7% increase) |
| Who is affected | All New York couples pursuing no-fault divorce or recalculating support |
New York No Longer Has One of the Longest Separation Requirements in the Country
For years, New York stood out as one of the more restrictive states for no-fault divorce. Under the prior version of N.Y. Dom. Rel. Law § 170(7), couples who wanted to end their marriage without alleging fault had to live apart under a written separation agreement for a full year before filing. That placed New York alongside states like North Carolina (which still requires a 12-month separation under N.C. Gen. Stat. § 50-6) as one of the hardest states in which to obtain a quick, clean divorce.
Chapter 673 of the Laws of 2025 changed that calculus. The amendment to N.Y. Dom. Rel. Law § 170(7) cuts the mandatory separation period to just six months. Couples who have been living under a valid separation agreement or judicial decree of separation for at least 180 days can now file for dissolution without proving any fault ground like cruel and inhuman treatment, abandonment, or adultery under N.Y. Dom. Rel. Law § 170(1)-(6).
This matters because the separation requirement was the single biggest bottleneck in New York no-fault cases. According to New York Courts data, the state processes roughly 50,000 divorce filings per year, and the majority are uncontested. Cutting six months off the timeline means thousands of New Yorkers each year will reach finality sooner, reducing legal costs, emotional strain, and the administrative burden on family courts.
How the Updated Income Caps Change Support Calculations
The separation period reduction grabbed headlines, but the income cap adjustments may have a larger financial impact on divorcing families. New York uses formula-based calculations for both child support and spousal maintenance, and those formulas only apply to income up to specified statutory caps.
The Child Support Standards Act, codified at N.Y. Dom. Rel. Law § 240(1-b), now applies its percentage formula to the first $193,000 of combined parental income, up from $183,000. For a couple earning at or above the cap, that $10,000 increase translates to additional annual child support obligations ranging from $1,700 to $2,900 depending on the number of children (17% for one child, 25% for two, 29% for three under the CSSA formula).
On the maintenance side, the Maintenance Guidelines Act under N.Y. Dom. Rel. Law § 236(B)(6) raised the payor income cap from $228,000 to $241,000, a $13,000 increase. The guideline formula calculates the presumptive maintenance amount based on two calculations: 30% of the payor's income minus 20% of the payee's income, or 40% of combined income minus the payee's income, whichever is lower. Applying that formula to the additional $13,000 in covered income means higher-earning payors could see maintenance obligations increase by roughly $200 to $400 per month depending on the income differential.
These are not retroactive changes, but they apply to all cases where a court has not yet issued a final order. Couples with pending divorces where support calculations are still being negotiated should revisit their numbers using the updated caps.
Practical Takeaways for New York Residents
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If you have been living under a separation agreement for six months or longer, you are now eligible to file for no-fault divorce immediately. You no longer need to wait the full 12 months that was previously required under N.Y. Dom. Rel. Law § 170(7).
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Download the revised Uncontested Divorce Packet from the New York Courts website. The old forms reference the one-year requirement and may cause processing delays if submitted.
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If your combined parental income exceeds $183,000, recalculate your child support using the new $193,000 CSSA cap. The difference could amount to $140 to $240 per month in additional support depending on the number of children.
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For pending cases involving maintenance, request that your attorney or mediator recalculate using the $241,000 payor income cap rather than the old $228,000 figure. Courts will apply the current cap at the time of the order, not the cap that was in effect when the case was filed.
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Couples who began their separation period under the old law and have already passed the six-month mark should consult with a family law attorney about accelerating their filing timeline. There is no requirement to wait the full year if you have already met the new six-month threshold.
Frequently Asked Questions
Does the 6-month separation period apply to contested divorces in New York?
The six-month requirement under N.Y. Dom. Rel. Law § 170(7) applies specifically to no-fault divorces based on separation agreements or judicial decrees of separation. Contested divorces alleging fault grounds such as cruel and inhuman treatment, abandonment for one year or more, or adultery under sections 170(1) through 170(6) have their own evidentiary requirements and do not require a waiting period.
When did the new $193,000 child support income cap take effect?
The updated CSSA income cap of $193,000 took effect as part of the same legislative package, with revised court forms available as of March 1, 2026. Courts apply the income cap in effect at the time they issue the support order, meaning any pending case where support has not yet been finalized will use the $193,000 cap rather than the prior $183,000 figure.
Can I refile using the new 6-month rule if my divorce is already pending?
Yes. If you filed under the old one-year separation requirement and have now passed the six-month mark, your case can proceed under the amended statute. You do not need to refile, but you should notify the court and ensure your paperwork references the current version of N.Y. Dom. Rel. Law § 170(7). The revised Uncontested Divorce Packet from New York Courts reflects the updated timeline.
How much more child support will I pay under the new $193,000 cap?
The CSSA formula applies fixed percentages to combined parental income up to the cap: 17% for one child, 25% for two, and 29% for three. The $10,000 increase from $183,000 to $193,000 means additional annual support of approximately $1,700 for one child, $2,500 for two children, or $2,900 for three children, before any judicial adjustments for circumstances like extraordinary expenses.
What happens if my separation agreement was signed before the law changed?
A separation agreement signed before Chapter 673 took effect remains valid. The new law changed the waiting period, not the requirements for the agreement itself. If your agreement has been in effect for six months or longer, you now qualify to file for no-fault divorce under the amended N.Y. Dom. Rel. Law § 170(7), regardless of when the agreement was originally executed.
If you are navigating a divorce in New York and want to understand how these changes affect your situation, connect with a New York family law attorney who can walk you through the updated requirements.
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.