New York shortened its no-fault separation grounds for divorce from living apart one year or more to six months or more under Chapter 673 of the Laws of 2025, according to the New York State Unified Court System. Separately, effective March 1, 2026, the child support combined income cap rises to $193,000 and the maintenance payor cap to $241,000 — three changes that reshape how New York divorces begin and how support is calculated.
Key Facts
| Item | Detail |
|---|---|
| What happened | No-fault separation grounds shortened; 2026 support and maintenance income caps raised |
| When | Chapter 673 enacted 2025; support/maintenance caps effective March 1, 2026 |
| Where | New York State (all 62 counties) |
| Who's affected | Separating spouses, support payors and recipients, family law practitioners |
| Key statutes/rules | N.Y. Dom. Rel. Law § 170, § 236, § 240 |
| Impact | Faster separation-based divorces; higher income thresholds for guideline support |
Why this matters legally
Chapter 673 cuts the separation waiting period in half, which accelerates the timeline for spouses relying on living apart as their divorce ground. Under the prior rule, couples using a separation agreement pathway had to live separate and apart for one year or more before that ground ripened. Reducing that period to six months means a separating spouse can convert a separation into a divorce action in half the time, according to the New York State Unified Court System.
This change sits alongside New York's existing no-fault ground under N.Y. Dom. Rel. Law § 170(7), which since 2010 has allowed divorce when the marriage is irretrievably broken for at least six months. The separation-agreement pathway remains distinct because it typically requires a written, signed, and acknowledged agreement resolving property, support, and custody before the clock starts. The practical effect is that couples who negotiate terms first now reach a final judgment faster.
How New York law handles this
New York recognizes seven grounds for divorce under N.Y. Dom. Rel. Law § 170, including irretrievable breakdown of at least six months (subsection 7) and living apart under a separation agreement or judgment. The Chapter 673 revision aligns the separation-based waiting period with the six-month breakdown standard, reducing inconsistency between the two no-fault routes.
For support, N.Y. Dom. Rel. Law § 240 and the Child Support Standards Act govern child support, while N.Y. Dom. Rel. Law § 236 Part B governs spousal maintenance. Both statutes apply statutory percentages up to a combined parental income cap for child support and a payor income cap for maintenance. Effective March 1, 2026, New York raised the child support combined income cap from $183,000 to $193,000 and the maintenance payor income cap from $228,000 to $241,000, according to court system guidance.
Under the child support formula, courts apply fixed percentages to combined parental income up to the cap — 17% for one child, 25% for two, 29% for three, 31% for four, and no less than 35% for five or more. Raising the cap by $10,000 means the guideline percentages now presumptively apply to a larger slice of income before a court must make discretionary findings to go above the cap. For maintenance, the payor cap increase from $228,000 to $241,000 similarly expands the income subject to the statutory maintenance formula under § 236.
These caps are indexed and adjusted periodically to reflect the Consumer Price Index, which is why New York revises them on a recurring schedule. A payor earning near the old $228,000 maintenance threshold in 2025 will now see the formula reach $13,000 more of income in 2026 before the court exercises discretion over the excess.
Practical takeaways
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Recalculate support obligations if your income sits between the old and new caps. A child support payor with combined parental income near $183,000 will see guideline percentages now apply up to $193,000 — a $10,000 difference that changes the presumptive award.
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Time your separation strategically. If you are relying on the separation-agreement ground, Chapter 673's six-month window under N.Y. Dom. Rel. Law § 170 means you can move to convert to divorce sooner — but only after a valid, acknowledged separation agreement is executed.
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Review existing maintenance agreements. The maintenance payor cap rising to $241,000 affects new awards under § 236; it does not automatically modify a prior order, which generally requires a substantial change in circumstances to revisit.
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Confirm the effective date. The raised caps apply to calculations on and after March 1, 2026. Support determined before that date used the $183,000 and $228,000 figures.
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Get a valid separation agreement in writing. New York's separation-based ground requires a signed, acknowledged agreement — an informal understanding does not start the six-month clock.
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Consult a New York family law attorney before filing. The interaction between the shortened separation period and the updated income caps can materially change both your timeline and your dollar exposure.
If you are navigating a New York separation or recalculating support under the 2026 caps, connect with a licensed New York family law attorney who can apply these changes to your specific income and circumstances. Divorce.law can help you find one 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.