Legal Separation NY: How to Get Legally Separated in New York (2026)
Short answerYes. Legal separation in New York is either a court judgment of separation under Domestic Relations Law (DRL) § 200 or a signed, acknowledged separation agreement under DRL § 236(B)(3). You stay legally married and cannot remarry, but you live apart and can settle property, support and custody. It is not required before divorce.
Last verified: November 1, 2026 against DRL §§ 170, 200, 210 and 236 (nysenate.gov)
Legal separation NY rules are set by state law, so the same options apply in Albany, Kingston and the Bronx. A separation lets a couple live apart under formal terms without ending the marriage. People choose it for religious reasons, to keep health or other benefits, or because they are not ready to divorce. This page explains the two routes, the grounds, the steps and the downsides. It is general information, not legal advice.
Key facts
- Marital status: you remain married and cannot remarry until a divorce or annulment.
- Two routes: a judgment of separation from a court, or a written separation agreement you both sign.
- Court grounds: six, including cruel and inhuman treatment, abandonment and a six-month irretrievable breakdown (
DRL § 200). - Duration: a judgment can separate you “forever, or for a limited time.”
- Agreement formalities: in writing, signed by both and acknowledged like a deed (
DRL § 236(B)(3)). - Link to divorce: six months apart under a judgment or filed agreement is a divorce ground (
DRL § 170(5) and (6)).
What is a legal separation in NY?
A legal separation in New York is a formal arrangement that lets spouses live apart while the marriage stays in place. Unlike a divorce, it does not end the marriage, so neither spouse can marry someone else.
New York offers two versions. In a court case, a judge issues a judgment of separation that sets the terms. Outside court, you and your spouse sign a separation agreement that sets the same kinds of terms by contract. Either way, the terms can cover who lives where, how property and debts are split, support, and the care of children.
| Judgment of separation | Separation agreement | |
|---|---|---|
| How you get it | A lawsuit in the Supreme Court under DRL § 200 | A contract you both sign |
| Do you need a ground? | Yes, one of six | No |
| Does your spouse have to agree? | No, a judge can decide | Yes |
| Formalities | Court judgment | Writing, signed, acknowledged (DRL § 236(B)(3)) |
| Divorce ground later | Six months apart after the judgment (DRL § 170(5)) | Six months apart after signing, if filed (DRL § 170(6)) |
What are the grounds for legal separation in NY?
To get a judgment of separation you must prove one of the six grounds in DRL § 200. A separation agreement needs no ground.
| Ground | What it means |
|---|---|
| Cruel and inhuman treatment | Conduct that makes it unsafe or improper to live with the other spouse |
| Abandonment | The other spouse left you |
| Failure to provide support | The other spouse neglected or refused to support you |
| Adultery | Subject to defenses such as procurement, connivance or knowing voluntary cohabitation, and a five-year limit from discovery |
| Imprisonment | The other spouse was confined for three or more consecutive years after the marriage |
| Irretrievable breakdown | The relationship has broken down for at least six months, stated under oath by one spouse |
Under DRL § 210, you generally cannot sue on a ground that arose more than five years before you start the case. Abandonment and adultery are excepted from that five-year limit, and an adultery claim has its own rule of five years from discovery.
Legal separation NY: how to file and get legally separated
You can get legally separated in New York by filing a case in court or by signing an agreement. The steps differ.
Filing a separation case:
- Pick a ground from
DRL § 200. The six-month breakdown ground is the simplest because you only state it under oath. - Start the case in the Supreme Court, usually in the county where you or your spouse lives. Someone in Kingston, for example, would look to the Ulster County courts.
- Serve your spouse with the court papers.
- Ask the court to decide the terms, such as support and custody, if you cannot agree.
- Receive the judgment of separation.
Signing a separation agreement:
- Write down the terms: property, debts, support and any child arrangements.
- Both spouses sign.
- Have both signatures acknowledged before a notary, the same way a deed is acknowledged.
- If you later want the divorce ground, file the agreement, or a short memorandum of it, with the county clerk (
DRL § 170(6)).
A deal on child support or custody is still subject to court review, because the law protects the children’s interests.
How long can you be legally separated in NY?
There is no maximum. A judgment under DRL § 200 can separate you “forever, or for a limited time,” and a separation agreement lasts as long as it says. You can stay separated for years, or turn the separation into a divorce at any time.
How much is a legal separation in NY?
There is no single price. A court case costs the court filing fees set by the county clerk, plus any lawyer fees. A separation agreement has no court fee, but you will pay for a notary and, usually, for a lawyer to draft or review it. Fees change, so check the current schedule with your county clerk or the New York State Unified Court System before you file.
Can you date or live together during a legal separation?
You are still married, so dating can have legal effects even though it is not a crime. Adultery was removed from the Penal Law in 2024, but it remains a ground in DRL § 200, and it can matter in a later divorce. Many separation agreements also say what each spouse may do, so read yours closely.
Living together is a separate issue. A divorce ground based on a judgment or agreement requires that the spouses “lived separate and apart” for six months. If you move back in, that clock can be affected, and knowing voluntary cohabitation is a defense to an adultery claim. Talk to a lawyer before changing your living arrangements.
What are the disadvantages of legal separation in NY?
- You cannot remarry. The marriage legally continues.
- You may pay twice. If you divorce later, you may need a second round of paperwork and fees.
- Ties remain. Joint debts, joint accounts and inheritance rights between spouses can continue unless your agreement or a court order changes them.
- Insurance depends on the plan. Whether a separated spouse stays covered is set by the health plan, so ask the insurer.
- Old terms can go stale. Incomes and children’s needs change, and an agreement written years ago may no longer fit.
Does legal separation lead to divorce?
It can. Under DRL § 170(5), a divorce ground exists after six months of living apart under a judgment of separation, if the person filing has substantially followed it. Under DRL § 170(6), the same applies after six months apart under a written agreement that is signed, acknowledged and filed with the county clerk. For the full divorce process, see our guide to New York divorce laws.
New York City legal separation rules
New York City follows the same state law, so there is no city-level separation code. A case in the five boroughs is filed in the Supreme Court in New York, Kings, Queens, Bronx or Richmond County.
New York City note: only the courthouse changes. The grounds, the agreement formalities and the six-month divorce links are identical in the city and upstate.
Real-life scenarios
- A couple in Buffalo agrees to split but one wants to keep the other on a health plan: they sign an acknowledged agreement, then ask the plan whether a separated spouse stays covered.
- One spouse in Syracuse will not sign anything: the other can sue for a judgment of separation, for example on the six-month breakdown ground, and a judge decides the terms.
- A couple in Queens signs an agreement in January: if they live apart and file it with the county clerk, a divorce ground exists six months after signing.
- An unmarried couple that lives together: there is nothing to separate. See common law marriage in New York.
Myths and facts
- Myth: You must be legally separated before you can divorce. Fact: New York has a no-fault divorce ground, so separation is optional.
- Myth: Moving out makes you legally separated. Fact: Only a judgment or a properly signed agreement does.
- Myth: A legally separated spouse can remarry. Fact: No, the marriage continues.
- Myth: Both spouses must agree to a separation. Fact: Only an agreement needs both. A court case does not.
Frequently asked questions
What does a legal separation mean in New York?
It means a court judgment or a signed agreement sets the terms of living apart while you stay married. You cannot remarry, but you can settle property, support and custody. It is separate from a divorce, which ends the marriage.
How do I legally separate in NY?
Either sue in the Supreme Court for a judgment of separation on one of the six grounds in DRL § 200, or sign a written separation agreement that is acknowledged like a deed. The agreement route needs your spouse’s cooperation, and the court route does not.
Is a notarized agreement enough?
The agreement must be in writing, signed by both spouses and acknowledged in the manner required for a recorded deed, under DRL § 236(B)(3). A notary can take the acknowledgment. Terms about children remain open to court review.
Can I be legally separated and still live in the same house?
Nothing in the statute stops you from sharing a home while an agreement is in place, but the divorce grounds in DRL § 170(5) and (6) require living apart for six months. If you plan to divorce later, living apart matters.
Can I get legally separated without a lawyer?
Yes, the law does not require a lawyer. But a poorly drafted agreement can cause trouble years later, so many people have an attorney at least review it, especially when there are children, a home or retirement accounts.
Can I ask for support without a separation case?
Yes. Under the Family Court Act, spouses can ask the Family Court for spousal or child support without filing for separation or divorce. A lawyer or the court’s help center can explain how.
What changed on this page
- November 1, 2026: first publication, checked against
DRL §§ 170, 200, 210 and 236on nysenate.gov. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
Separation cases are filed with the county clerk of the Supreme Court in your county, and the New York State Unified Court System offers court help centers for self-represented people. For drafting an agreement or a contested case, talk to a New York-licensed family law attorney, and the New York State Bar Association lawyer referral service can help you find one. For related topics, browse marriage, family and kids laws.
