New York Domestic Relations Law

New York recognizes seven grounds for divorce: (1) cruel and inhuman treatment, (2) abandonment for one or more years, (3) imprisonment for three or more consecutive years, (4) adultery, (5) living apart under a separation decree for one or more years, (6) living apart under a written separation agreement for one or more years, and (7) irretrievable breakdown of the relationship for at least six months (no-fault). The no-fault ground under subdivision 7 is the most commonly used and requires only one spouse's sworn statement that the marriage has broken down irretrievably.

Effective: 2024

One of five residency requirements must be met before filing for divorce. If the marriage took place in New York or the couple lived in New York as married, one spouse must have resided in the state for at least one continuous year before filing. If the grounds arose in New York, either one year of residency by one spouse or residency of both spouses at filing is required. Alternatively, either spouse may file after two continuous years of New York residency regardless of where the marriage occurred.

Effective: 2024

Defines 'marital property' as all property acquired by either or both spouses during the marriage, regardless of the form of title. 'Separate property' includes property acquired before marriage, by inheritance or gift from a third party, compensation for personal injuries, and property described in a valid prenuptial agreement. The court shall not consider as marital property a spouse's enhanced earning capacity arising from a license, degree, celebrity goodwill, or career enhancement.

Effective: 2024

New York is an equitable distribution state. Courts divide marital property based on 14 statutory factors including: each spouse's income and property at marriage and at filing; the duration of the marriage; each spouse's age and health; the need of a custodial parent to occupy the marital home; loss of pension and health insurance rights; contributions as homemaker and wage earner; tax consequences; wasteful dissipation of assets; and whether either party committed domestic violence. The court must state the factors it considered and the reasons for its decision.

Effective: 2024

When equitable distribution of a specific asset would be impractical, burdensome, or contrary to law — such as dividing a business or professional practice — the court may make a distributive award (a payment of money or transfer of other property) to achieve equity between the parties. The court may also use distributive awards to supplement or facilitate the overall distribution of marital property.

Effective: 2024

Automatic restraining orders take effect upon filing for the plaintiff and upon service for the defendant. Neither spouse may transfer, encumber, or dispose of marital property except in the ordinary course of business or for usual household expenses. Neither spouse may incur unreasonable debts or change beneficiaries on insurance policies. Neither spouse may remove the other from existing health, auto, homeowners, or renters insurance. Violation may be treated as contempt of court.

Effective: 2024

The court determines custody based on the best interests of the child, with the child's health and safety as the paramount concern. Courts evaluate the totality of circumstances including each parent's fitness, stability, who has been the primary caretaker, the child's preference (weighted by age and maturity), each parent's mental and physical health, the home environment, and each parent's willingness to foster the child's relationship with the other parent. There is no statutory presumption favoring joint or sole custody.

Effective: 2024

When either party alleges domestic violence and those allegations are proven by a preponderance of the evidence, the court must consider the effect of the violence on the best interests of the child and state on the record how those findings affected its custody decision. If a parent makes a good faith allegation of child abuse, neglect, or domestic violence effects and acts lawfully to protect the child, that parent cannot be deprived of custody or visitation based solely on that belief or reasonable protective actions.

Effective: 2024

The court may appoint a forensic evaluator — a licensed psychologist, social worker, or psychiatrist — to investigate the parties and the child in custody and visitation proceedings. The evaluator must have completed required training within the past two years. The court determines how the evaluator's fees are allocated between the parties.

Effective: 2024

When a parent is activated, deployed, or temporarily assigned to military service, any custody orders that would materially affect the arrangement are subject to review. The Servicemembers Civil Relief Act applies to all custody proceedings. The return of a parent from active military service constitutes a substantial change in circumstances, and the court must determine whether the prior custody order should be modified based on the child's best interests.

Effective: 2024

Child support is calculated by applying statutory percentages to the parents' combined income up to $183,000 (as of March 2024): 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more. The total is divided proportionally based on each parent's share of combined income. For income above $183,000, the court may apply the same percentages or consider statutory factors. Mandatory add-ons include unreimbursed medical expenses and work-related childcare, also split pro rata.

Effective: 2024

Temporary maintenance is calculated using a statutory formula while the divorce is pending. Where the payor also pays child support: 20% of the payor's income minus 25% of the payee's income, compared to 40% of combined income minus the payee's income — the lesser amount applies. Where no child support is paid: 30% of the payor's income minus 20% of the payee's income, compared to the same 40% formula. The maintenance income cap is $228,000 as of March 2024, adjusted biennially for inflation.

Effective: 2024

Post-divorce maintenance uses the same formulas as temporary maintenance to calculate the guideline amount. Duration follows an advisory schedule: 15–30% of the length of marriage for marriages up to 15 years, 30–40% for 15–20 years, and 35–50% for marriages over 20 years. The court may deviate by considering factors including standard of living, lost earning capacity, contributions as homemaker, domestic violence, and health insurance availability. Non-durational maintenance may be awarded in appropriate cases. Maintenance terminates upon death of either party or the payee's remarriage.

Effective: 2024

Court-ordered maintenance may be modified upon a showing of a substantial change in circumstances, such as job loss, serious illness, or the payee's cohabitation. Maintenance established by agreement requires a higher threshold of extreme hardship to modify. Child support may be modified upon a substantial change in circumstances, including a 15% or greater change in either parent's income or the passage of three years since the last order. Incarceration is not considered voluntary unemployment for modification purposes.

Effective: 2024

Either party may request a cost-of-living adjustment (COLA) to a child support order through the support collection unit without going to court. An adjustment is made when the cumulative change in the Consumer Price Index (CPI-U) reaches 10% or more since the order was last set. No proof of changed circumstances is required. Either party may object in writing within 35 days; otherwise the adjustment becomes final without court review.

Effective: 2024

A divorce action is commenced by filing a summons with notice (as specified in §232) or a summons and verified complaint with the county clerk. All matrimonial pleadings must be verified. A final judgment may be entered by default or consent only upon competent oral proof or written proof that could be considered on a motion for summary judgment. The filing fee is $210 for an index number.

Effective: 2024

If the complaint is not personally served with the summons, the summons must state on its face the type of action (divorce, separation, annulment) and specify the nature of any ancillary relief demanded. A judgment cannot be rendered on default unless either the summons and complaint were personally delivered to the defendant, or service was made pursuant to a court order. The plaintiff has 120 days from filing to complete service.

Effective: 2024

In all matrimonial actions where maintenance or support is at issue, both parties must provide compulsory financial disclosure. A sworn statement of net worth (total assets including income minus total liabilities) must be provided within 20 days of a written demand, or within 10 days after joinder of issue if no demand is made. No showing of special circumstances is required. Failure to comply may result in penalties including striking of pleadings or preclusion of evidence.

Effective: 2024

When the defendant cannot be found in New York, is outside the state, or is concealing themselves so that process cannot be personally served, the court may order sequestration (seizure) of the defendant's real and personal property within the state and appoint a receiver. This allows the divorce to proceed even when one spouse is evading service.

Effective: 2024

In any action for divorce, separation, or annulment, the court may determine any question of title to property arising between the parties and make orders concerning possession of property as justice requires. This section provides the foundational authority for the court to issue restraining orders regarding marital assets and make pendente lite orders about who occupies the marital residence during the divorce proceedings.

Effective: 2024

In a pending divorce, separation, or annulment action, either party may apply for an order of protection in either Supreme Court or Family Court. The court may order a party to refrain from committing any family offense or criminal offense against the other party or children, and may direct exclusive possession of the marital residence, restitution up to $10,000, and payment of reasonable counsel fees. The protected party cannot be arrested for violating an order issued in their favor. Orders must be translated for parties who require interpreters.

Effective: 2024

In marriages solemnized by a person specified in the DRL (including clergy), the plaintiff must allege in the verified complaint that they have taken or will take all steps within their power to remove any barrier to the defendant's remarriage — such as obtaining a religious divorce (e.g., a Jewish 'get'). No final divorce judgment may be entered until the plaintiff files a sworn statement confirming compliance. This provision ensures that a civil divorce does not leave a spouse trapped in a religious marriage.

Effective: 2024

Agreements made before or during marriage regarding property ownership, division, maintenance, and other terms must be in writing and acknowledged before a notary in the manner required to record a deed. These agreements may address property distribution, maintenance amount and duration, waivers of estate rights, and other marriage terms. Courts may refuse to enforce agreements found to be unconscionable, procured by fraud or duress, or lacking fair financial disclosure. Unlike most states, New York has not adopted the Uniform Prenuptial Agreement Act.

Effective: 2024

Every divorce or annulment judgment must include a provision allowing either party to resume the use of their premarriage surname or any other former surname. This right is automatic and does not require a separate legal proceeding. The judgment must also include both parties' Social Security numbers.

Effective: 2024

Maintenance and other provisions of a divorce judgment may be modified by the court. Post-divorce maintenance terminates upon the death of either party, the payee's valid or invalid remarriage, or modification by the court. The court may also consider whether the payee is habitually cohabiting with another person as a basis for modification. Accrued arrears that have been reduced to final judgment cannot be retroactively reduced.

Effective: 2024

Details of matrimonial actions and proceedings are restricted from public disclosure. The court may seal records and restrict access to protect the privacy of the parties and children involved. Testimony and evidence in matrimonial proceedings are generally not available for public inspection, distinguishing these cases from most other civil litigation.

Effective: 2024