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. Once you file the summons and complaint alleging irretrievable breakdown, you and your spouse must wait a minimum of six months from the date of service before the court can issue a final judgment of divorce. This waiting period applies whether your divorce 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 cases where the combined parental income does not exceed a statutory cap (which is adjusted annually for inflation). For cases in 2026, refer to current DRL provisions, as the cap is updated each year.

The basic formula for calculating maintenance is:

• Payor earning more: 30% of the payor's income above the income cap, minus 20% of the payee's income above the cap
• Duration for non-marriage with children: 30–40% of the length of the marriage
• Duration for marriage 20+ years: Indefinite, subject to modification

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 (also adjusted annually).

The CSSA formula is:

• 17% of combined parental income for one child
• 25% for two children
• 29% for three children
• 31% for four children
• 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 formula assumes both parents share custody. If one parent has primary physical custody, the other parent typically pays the full percentage to the custodial parent.

New York courts apply the "best interests of the child" standard when making custody decisions. DRL §70 and Family Court Act §402 set forth the relevant factors, which 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: The income cap used in the maintenance and child support formulas is adjusted annually for inflation. As of 2026, it is important to verify the current cap with your attorney, as it affects the calculation of support obligations.
• Equitable distribution of professional licenses: New York courts continue to recognize and equitably distribute professional licenses and degrees acquired during the marriage as marital property.
• 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.