New York Divorce Laws: Grounds, Property, Alimony and Residency in 2026
Short answerNew York allows divorce on seven grounds, including no-fault irretrievable breakdown for at least six months, under Domestic Relations Law (DRL) § 170. A judge will not grant a no-fault divorce until property, support and custody are settled. Marital property is divided equitably, not always 50/50, under DRL § 236(B).
Last verified: October 26, 2026 against the Domestic Relations Law (nysenate.gov), the Unified Court System matrimonial practice page and Assembly bill A4714
New York divorce laws are set by the state, so the same rules apply in Brooklyn, Buffalo and everywhere in between. Divorces are filed in the Supreme Court of a county, and the Domestic Relations Law decides who can file, why, and how money and children are handled. This page explains the basics in plain English. It is general information, not legal advice.
Key facts
- No-fault ground: the marriage has broken down irretrievably for at least six months, and one spouse says so under oath (
DRL § 170(7)). - Other grounds: cruel and inhuman treatment, abandonment for one year, imprisonment for three years, adultery, and living apart for six months under a separation judgment or written agreement.
- Residency: a one-year or two-year New York residency test applies, depending on where you married and lived (
DRL § 230). - Property: divided equitably using 16 factors, not by a fixed 50/50 rule (
DRL § 236(B)(5)). - Maintenance (alimony) income cap: $241,000 of the payor’s income since March 1, 2026.
- Adultery: still a divorce ground, but no longer a crime since November 22, 2024.
What are the grounds for divorce in New York?
New York lists seven grounds in DRL § 170, and most people use the no-fault one. You only need one ground to file.
| Ground | What the law requires |
|---|---|
| Cruel and inhuman treatment | Conduct that endangers physical or mental well-being, so living together is unsafe or improper |
| Abandonment | The other spouse left for one year or more |
| Imprisonment | The other spouse has been in prison three or more consecutive years after the marriage |
| Adultery | Voluntary sexual contact with someone other than your spouse after the marriage, as the statute defines it |
| Living apart under a separation judgment | Six months or more, and the plaintiff has substantially followed the judgment |
| Living apart under a written separation agreement | Six months or more after signing, with the agreement filed with the county clerk |
| Irretrievable breakdown | The relationship has broken down for at least six months, stated under oath by one spouse |
The separation grounds recently changed. According to the Unified Court System, Chapter 673 of the Laws of 2025 shortened the living-apart period from one year to six months, and the court’s uncontested divorce forms were updated around March 1, 2026.
Is there a waiting period for divorce in New York?
There is no fixed court waiting period, but the no-fault ground needs a breakdown lasting at least six months. That is the closest thing to a waiting period in DRL § 170(7).
The bigger delay is the economic homework. A judge cannot grant a no-fault divorce until you and your spouse, or the court, have resolved all of these:
- equitable distribution of marital property
- spousal support (payment or waiver)
- child support
- counsel and expert fees
- custody and visitation of any minor children
If you agree on all of it, the case can move quickly. If you fight over any of it, expect it to take longer.
Who can file for divorce in New York? Residency rules
You need a real connection to New York, set by DRL § 230. Meeting any one of these five tests is enough:
- You married in New York, and one spouse has lived here for the full year before filing.
- You lived in New York as spouses, and one of you has been a resident for the full year before filing.
- The grounds arose in New York, and one spouse has been a resident for the full year before filing.
- The grounds arose in New York, and both spouses are residents when you file.
- One spouse has been a New York resident for two continuous years before filing.
Since February 19, 2025, CPLR 515 also says the case must be heard in a county where a spouse or a minor child lives, unless an address is confidential. A couple in Rochester generally files in Monroe County, not in Manhattan.
How is property divided in a New York divorce?
New York divides marital property “equitably,” which means fairly, not necessarily equally. The rule is in DRL § 236(B)(5).
Marital property is anything either spouse acquired during the marriage and before a separation agreement or the start of the case, no matter whose name is on the title. Separate property includes what you owned before marriage, gifts and inheritances from someone other than your spouse, and personal injury compensation. Separate property can be treated as marital if the other spouse’s efforts helped it grow in value.
The court weighs 16 factors in DRL § 236(B)(5)(d). Examples include:
- each spouse’s income and property, and the length of the marriage
- age and health
- contributions as a spouse, parent, wage earner and homemaker
- whether one spouse wasted marital assets
- whether domestic violence occurred
- the tax consequences of a division
New York is not a community property state, so there is no automatic half-and-half split. Judges also decide who keeps a pet: the law tells the court to consider the best interest of the companion animal.
How does alimony (maintenance) work in New York?
New York calls alimony “maintenance,” and a formula in DRL § 236(B)(5-a) and (6) sets a guideline amount. Since March 1, 2026, the formula applies to the first $241,000 of the paying spouse’s yearly income, up from $228,000. Above that, the judge has discretion.
The statute uses two calculations and takes the lower result. When the payor also pays child support, it is 20% of the payor’s income minus 25% of the payee’s income, compared with 40% of combined income minus the payee’s income. When there is no child support, or the payor has the children most of the time, the first calculation uses 30% minus 20%.
Length is advisory and depends on how long the marriage lasted:
| Length of marriage | Suggested duration of maintenance |
|---|---|
| Up to 15 years | 15% to 30% of the length of the marriage |
| More than 15, up to 20 years | 30% to 40% |
| More than 20 years | 35% to 50% |
Maintenance ends when either spouse dies or the payee remarries. A court can also revisit it if the payor retires with a big drop in income.
Is adultery illegal in New York?
No. Adultery stopped being a crime in New York on November 22, 2024, when the governor signed Chapter 462 of the Laws of 2024 (Assembly bill A4714), which repealed Penal Law § 255.17. The act took effect immediately.
Adultery is still one of the seven grounds for divorce in DRL § 170(4). Most people skip it in favor of the no-fault ground, which does not require proving anything about the other spouse. For other state offenses, see our crime and courts section.
New York City divorce rules
New York City follows the same state divorce law. There is no separate city divorce code. Cases are filed in the Supreme Court of the county where a spouse or child lives, which in the city means New York, Kings, Queens, Bronx or Richmond County.
New York City note: only the county changes. The grounds, the property factors and the maintenance formula are identical in the five boroughs and upstate.
Real-life scenarios
- Married in Pennsylvania, now living in Albany: if one spouse has lived in New York continuously for two years,
DRL § 230lets you file here. - One spouse earns $300,000: the maintenance formula applies to the first $241,000, and the judge decides what to do about the rest.
- A couple signs a separation agreement: after six months apart and filing the agreement with the county clerk, they can use the separation ground.
- Living together as a couple without a marriage: there is nothing to divorce. See our guide to common law marriage in New York.
Timeline of recent changes
- November 22, 2024: Chapter 462 repeals the adultery crime.
- February 19, 2025:
CPLR 515sets the county where a divorce must be heard. - Chapter 673, Laws of 2025: cuts the separation-ground period from one year to six months.
- March 1, 2026: the maintenance cap rises to $241,000 and the child support cap to $193,000.
Myths and facts
- Myth: New York splits everything 50/50. Fact: The law requires an equitable split based on 16 factors.
- Myth: You must prove fault to divorce. Fact: One spouse’s sworn statement of a six-month breakdown is enough.
- Myth: Cheating can land you in jail. Fact: Not since November 2024.
- Myth: Moving out ends the marriage. Fact: Only a court judgment ends it.
Frequently asked questions
What are the divorce laws in New York State?
They are in Domestic Relations Law §§ 170, 230 and 236. These sections cover the seven grounds, who can file, and how property and maintenance are decided. Courts apply the same rules statewide, including in New York City.
How long do you have to be separated to get a divorce in NY?
Under the separation grounds, six months after a separation judgment or a written agreement. You do not need to be separated at all for the no-fault ground, which only needs a breakdown of at least six months, stated under oath by one spouse.
Does adultery affect property division?
Not directly. The 16 factors in DRL § 236(B)(5)(d) do not list marital fault, but they do include wasteful dissipation of marital assets. Domestic violence is a listed factor.
How much is alimony in New York?
It depends on both incomes. A formula sets the guideline for income up to $241,000, and the judge can adjust it. Duration is advisory: for a marriage of 10 years, 15% to 30% suggests roughly 1.5 to 3 years.
Who gets the house in a New York divorce?
A home bought during the marriage is usually marital property, whoever is on the deed. The court may let a custodial parent stay in it, since that is one of the factors in DRL § 236(B)(5)(d).
Can I divorce without my spouse’s agreement?
Yes, but the court must resolve property, support and custody first. If your spouse will not agree, a judge decides those issues after a contested case, and the divorce follows.
What changed on this page
- October 26, 2026: first publication, checked against
DRL §§ 170, 230 and 236, Assembly bill A4714 and the Unified Court System’s matrimonial practice page. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
Divorces are filed with the county clerk of the Supreme Court in your county, and the New York State Unified Court System has free forms and help for uncontested cases. For contested issues, 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.
