Divorce in New York:
Equitable Distribution & Your Rights.

New York Divorce Overview (2026)

New York divorce (called "dissolution of marriage" or "divorce action") is governed by the Domestic Relations Law (DRL). New York adopted no-fault divorce in 2010 but retains fault grounds. New York is an equitable distribution state (not community property) — property is divided fairly, not necessarily 50/50.

Residency Requirements (DRL §230)

New York has multiple pathways to establish residency for divorce jurisdiction:

• Either spouse is a NY resident AND the marriage took place in NY
• Either spouse is a NY resident AND the grounds for divorce occurred in NY
• Both spouses are NY residents at the time of filing
• Either spouse has been a continuous NY resident for at least 1 year AND was married in NY, or lived in NY as a married couple, or grounds occurred in NY
• Either spouse has been a continuous NY resident for at least 2 years (no other connection required)

Grounds for Divorce in New York

• Irretrievable breakdown (no-fault): The marriage has broken down irretrievably for at least 6 months — the most commonly used ground since 2010
• Cruel and inhuman treatment: Physical or psychological abuse making cohabitation unsafe
• Abandonment: Voluntary abandonment for 1+ year
• Imprisonment: Imprisonment for 3+ consecutive years after marriage
• Adultery: Extramarital sexual relationship
• Separation agreement: Living separate and apart pursuant to a written separation agreement for 1+ year
• Judgment of separation: Living separately pursuant to a decree of legal separation for 1+ year

Equitable Distribution of Marital Property

Under DRL §236B, New York courts classify property as marital or separate and divide marital property equitably:

Marital property (subject to division)

• Income earned by either spouse during the marriage
• Real estate purchased during the marriage
• Retirement account contributions made during the marriage (vested and non-vested)
• Business interests developed or grown during the marriage
• Professional licenses acquired during the marriage (valued under NY law)
• Enhanced earning capacity: NY uniquely allows the value of a professional license (law degree, medical degree) earned during the marriage to be treated as marital property — a significant New York-specific rule

Separate property (not divided)

• Property owned before marriage
• Gifts or inheritances received and kept separate
• Compensation for personal injuries (except economic losses)
• Property excluded by a valid prenuptial or postnuptial agreement

Equitable distribution factors

• Duration of the marriage
• Age and health of each spouse
• Income and earning capacity
• Contributions to marital property (including as homemaker)
• Whether a spouse will have custody of dependent children
• Tax consequences of proposed distribution

Spousal Maintenance (Alimony) in New York

Temporary maintenance (during the divorce)

New York uses a statutory formula (DRL §236B(5-a)) for temporary maintenance. The formula provides a specific dollar figure based on both spouses' incomes, subject to an income cap of approximately $228,000 (2025 figure, adjusted annually).

Post-divorce maintenance

• DRL §236B(6) provides advisory guidelines — courts may deviate based on circumstances
• Duration guidelines: Marriages 0–15 years: support for 15–30% of marriage length; 15–20 years: 30–40%; 20+ years: 35–50%
• Courts consider: income disparity, standard of living, each spouse's earning capacity, age, health, and contributions
• Maintenance terminates on death, recipient's remarriage, or a new cohabitation order

Child Custody in New York

• NY courts use the "best interests of the child" standard (Domestic Relations Law §70)
• No presumption of joint custody in New York — courts evaluate all factors individually
• Courts consider: stability of each home, quality of parent-child relationship, each parent's ability to provide, the child's wishes (weighted by age), and any history of domestic violence
• Child support calculated under the Child Support Standards Act (CSSA) — typically 17% of the non-custodial parent's income for one child, 25% for two, 29% for three

New York Divorce Process

1. File Summons with Notice or Summons and Verified Complaint in Supreme Court (NY trial court of general jurisdiction)
2. Serve the defendant — within 120 days of filing
3. Exchange Statement of Net Worth (mandatory financial disclosure)
4. Interim (temporary) orders may address support, custody, and exclusive use of marital home
5. Discovery and settlement negotiations
6. Mediation or collaborative divorce (optional but encouraged)
7. Trial before a Supreme Court Justice (no jury)
8. Judgment of Divorce signed and entered