New York Divorce Laws: What You Need to Know in 2026

New York is a no-fault divorce state. Under Domestic Relations Law (DRL) §170(7), either spouse can file for divorce based solely on the irretrievable breakdown of the marriage for a period of at least six months. This ground does not require proof of adultery, cruelty, abandonment, or any other specific wrongdoing.

This is by far the most commonly used ground for divorce in New York. The six months in DRL §170(7) is a look-back, not a waiting period: it refers to how long the marriage must already have been irretrievably broken before you file. New York imposes no mandatory waiting period or separation period after filing. What actually governs how long your case takes is whether it is contested or uncontested.

Importantly, New York still retains traditional fault grounds under DRL §170, including cruel and inhuman treatment, abandonment, imprisonment, adultery, and separation for one year or more. However, the no-fault ground has largely made these fault-based grounds obsolete in practice.

To file for divorce in New York, at least one spouse must be a domiciliary of New York State or must have lived in the state for at least two years before filing. Alternatively, both parties may consent to jurisdiction in New York, or the cause of action (the events that led to the breakdown of the marriage) may have arisen in New York. These requirements are set forth in DRL §202.

For persons living in the Williamsville, Buffalo, or Amherst area, divorces are typically filed in Erie County Supreme Court, which has jurisdiction over matrimonial matters in the region. The court also has authority to divide and distribute property located outside New York if the court has personal jurisdiction over both spouses.

Equitable distribution is the cornerstone of New York divorce law. Under DRL §236B, marital property is divided fairly but not necessarily equally between spouses. The law distinguishes between marital property (acquired during the marriage regardless of whose name is on the title) and separate property (property owned before marriage, inherited property, and gifts received during the marriage).

When dividing marital property, the court considers numerous factors, including:

• The income and property of each party at the time of marriage and at the time of divorce
• The duration of the marriage
• The age and health of the parties
• The ability of each spouse to earn income in the future
• The present and future earning capacity of each party
• Parental responsibilities and care of children during the marriage
• The amount of time remaining in either spouse's career
• Whether either spouse defrauded the other or dissipated marital property
• The tax consequences of the proposed property division

Equitable does not mean 50/50, though in many cases the division is close to equal. A longer marriage, greater disparity in earning capacity, and primary parental responsibilities may result in a division that favors one party over the other.

New York uses a statutory maintenance formula to calculate alimony or spousal support (called "maintenance" in New York). The formula applies to the payor’s income up to a statutory cap — $241,000 as of March 1, 2026. That cap is adjusted every two years, not annually, and the current figure runs through February 28, 2028. Income above the cap is addressed at the court’s discretion.

The basic formula for calculating maintenance is:

Amount. Run two calculations on income up to the cap and take the lower result (never below zero):

• If the maintenance payor also pays child support: 20% of the payor’s income minus 25% of the payee’s income.
• If not: 30% of the payor’s income minus 20% of the payee’s income.
• Then compare against: 40% of combined income minus the payee’s income.

Advisory duration under DRL §236(B)(6)(f)(1), as a share of the length of the marriage:

• Up to and including 15 years: 15–30%
• More than 15 and up to 20 years: 30–40%
• More than 20 years: 35–50%

These are advisory, not mandatory. A court may deviate, and in an appropriate case may award non-durational maintenance.

However, spouses can agree to deviate from the statutory formula by entering into a prenuptial or postnuptial agreement or by mutual settlement. Courts have discretion to deviate from the formula based on specific statutory factors, including the standard of living established during the marriage, the present and future earning capacity of each party, and the age and health of the parties.

New York's Child Support Standards Act (CSSA) establishes a formula for calculating child support. Like maintenance, the CSSA formula applies to cases where combined parental income does not exceed the statutory cap — $193,000 as of March 1, 2026, adjusted every two years and effective through February 28, 2028.

The CSSA formula is:

• 17% of combined parental income for one child
• 25% for two children
• 29% for three children
• 31% for four children
• No less than 35% for five or more children

Income above the cap may be considered at the court's discretion. Child support continues until a child reaches age 21 (unless the parties agree otherwise or the child becomes emancipated). The percentage is applied to combined parental income to produce the basic child support obligation, and that obligation is then split between the parents pro rata — in proportion to each parent’s share of the combined income. The non-custodial parent pays their pro rata share to the custodial parent; they do not pay the full percentage of their own income. (Example: $100,000 combined income, one child, non-custodial parent earning $60,000 → basic obligation $17,000 × 60% = $10,200, not $17,000.)

New York courts apply the "best interests of the child" standard when making custody decisions. DRL §70 and Family Court Act §651 set the best-interests standard; the factors themselves come from case law, principally Eschbach v. Eschbach. They include:

• The stability and quality of each parent's relationship with the child
• The quality of the home environment and stability of residence for each parent
• The preference of the child, if the child is of sufficient age and maturity
• Each parent's willingness to support the child's relationship with the other parent
• The ability of each parent to meet the child's physical, emotional, educational, and medical needs
• Any history of abuse or domestic violence
• The parental responsibilities each party undertook during the marriage
• The geographic proximity of each parent's residence

Courts do not prefer one parent over another based solely on gender. Increasingly, New York courts award joint custody (joint legal custody with shared physical custody) when both parents are capable and willing. However, primary physical custody is awarded to one parent when that arrangement better serves the child's needs.

An uncontested divorce in New York typically involves filing a summons and complaint (or a summons with notice for a no-fault case), negotiating and executing a Separation Agreement or Stipulation of Settlement, and filing all required forms with the court. Once the judge signs the judgment of divorce, you are divorced. This process can take three to six months in most cases.

A contested divorce follows a more formal litigation path, including a preliminary conference, discovery (exchange of documents and depositions), settlement conferences, and potentially a trial. Contested cases before Erie County Supreme Court typically take 12 to 24 months or longer, depending on the complexity of the issues and the court's calendar.

Many couples now explore divorce mediation or collaborative divorce as alternatives to traditional litigation. Both can significantly reduce the cost and time of divorce while giving the parties more control over the outcome.

New York divorce law has continued to evolve. Key recent developments include:

• Maintenance and CSSA cap adjustments (effective March 1, 2026): New York adjusts the income caps used in the support formulas on a two-year cycle. As of March 1, 2026, the child support combined-income cap rose to $193,000 (up from $183,000), and the spousal maintenance cap rose to $241,000. These figures are scheduled to hold through February 28, 2028. Always confirm the current cap with your attorney before relying on a specific dollar figure, since amounts above the cap are decided at the court’s discretion.
• Professional licenses are no longer distributable property: For actions commenced on or after January 23, 2016, a professional license, degree, or enhanced earning capacity is not a marital asset subject to distribution — the 2015 amendment to DRL §236(B)(5)(d)(7) ended the rule of O’Brien v. O’Brien. A spouse’s direct and indirect contributions to the other’s career or education remain a statutory factor in dividing the rest of the marital estate.
• Expanded recognition of same-sex marriage benefits: Following the legalization of same-sex marriage, New York courts have extended all marriage-related rights and obligations, including spousal support, property division, and custody, to same-sex couples.
• Enhanced enforcement mechanisms: New York has strengthened enforcement procedures for spousal maintenance and child support orders, including wage garnishment and income execution orders. The Support Collection Unit continues to be one of the most active enforcement bodies in the state.

If you have questions about how recent changes to New York divorce law may affect your case, Weinrieb Law can provide up-to-date guidance based on current statutes and Erie County court practices.