Divorce in New York: Laws, Process, and What You Need to Know (2026)

Introduction

New York was the last state in the country to adopt no-fault divorce, doing so in 2010. The state's equitable distribution law is one of the most detailed in the nation, with a statutory list of 14 factors courts must consider when dividing property.

New York is an equitable distribution state for property division purposes. Understanding how New York handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in New York, you must meet the state's residency requirements: 2 years continuous residency; or 1 year if certain conditions are met. This means at least one spouse must have lived in New York for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

New York allows both no-fault and fault grounds for divorce. No-fault: irretrievable breakdown for at least 6 months. Fault grounds include cruel and inhuman treatment, abandonment, imprisonment, and adultery. While most divorces proceed on no-fault grounds, filing on fault grounds can sometimes affect alimony or property division outcomes.

Property Division

New York follows the equitable distribution approach to dividing property in a divorce. Under this system, the court divides marital property fairly, though not necessarily equally. The judge considers factors like each spouse's economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, and any dissipation of assets.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in New York:

• Income and property
• Length of marriage
• Age and health
• Earning capacity
• Need for education or training
• Presence of children
• Acts inhibiting earning capacity
• Wasteful dissipation of assets

In New York, alimony is referred to as "spousal maintenance." New York has a statutory formula for calculating temporary and post-divorce maintenance. Duration guidelines based on marriage length.

The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

New York uses the Income Shares model for calculating child support, with statutory percentages: 17% for one child, 25% for two, 29% for three, 31% for four, 35% for five or more.

Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

New York courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including New York, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is not required in New York, though it is often encouraged.

Filing Fees and Costs

Filing fees for divorce in New York typically range from $335-$400, though exact amounts vary by county. Additional costs may include:

• Attorney fees (if you hire a lawyer)
• Mediation or alternative dispute resolution fees
• Process server or publication fees
• Costs for financial experts or appraisers (in complex asset cases)
• Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

• Waiting period: None for no-fault after 6 months separation or agreement

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About New York Divorce

Is New York a community property state?

No, New York is not a community property state. New York follows equitable distribution, meaning marital property is divided fairly but not necessarily equally. The court considers 14 statutory factors when dividing property, including the income and property of each spouse, the duration of the marriage, the age and health of both parties, the need for a custodial parent to occupy the marital residence, and any wasteful dissipation of assets. Only marital property is subject to division; separate property remains with the original owner.

How is property divided in a New York divorce?

New York courts divide marital property through equitable distribution under Domestic Relations Law Section 236. The court first classifies each asset as marital or separate property, then values the marital assets, and finally distributes them equitably. Marital property includes everything acquired during the marriage regardless of whose name it is in. Separate property includes assets owned before the marriage, inheritances, gifts from third parties, and personal injury compensation. The court has broad discretion and considers 14 factors when making the division.

How long does a divorce take in New York?

An uncontested divorce in New York can be finalized in approximately 3 to 6 months. There is no mandatory waiting period for no-fault divorce, but the irretrievable breakdown of the marriage must have persisted for at least 6 months. Contested divorces typically take 9 to 18 months, and complex cases involving high-value assets, business interests, or significant custody disputes can take 2 years or more. Court backlogs in New York City and surrounding counties can also extend the timeline.

Can I get alimony in New York?

Alimony (called "spousal maintenance" in New York) is available and calculated using a statutory formula. For temporary maintenance during the divorce, New York uses a specific mathematical formula based on the incomes of both spouses. For post-divorce maintenance, the court considers factors including the length of the marriage, the age and health of both parties, each spouse's earning capacity, the need for education or training, and the standard of living established during the marriage. Duration guidelines are tied to the length of the marriage.

What are the grounds for divorce in New York?

New York allows both no-fault and fault grounds for divorce. The no-fault ground is irretrievable breakdown of the marriage for at least 6 months. Fault grounds include cruel and inhuman treatment, abandonment for 1 year or more, imprisonment for 3 or more consecutive years, adultery, and living apart under a separation judgment or agreement for 1 year. Most divorces in New York are filed on no-fault grounds.

What are the residency requirements for divorce in New York?

New York has complex residency requirements with several options: (1) 2 years of continuous residency by either spouse, (2) 1 year of continuous residency if the couple was married in New York, (3) 1 year if the grounds for divorce arose in New York, or (4) 1 year if the couple lived as married in New York. If both spouses are New York residents at the time of filing, there is no minimum residency period.

How much does a divorce cost in New York?

Court filing fees (the index number fee) for a New York divorce are approximately $335 to $400. An uncontested divorce without attorneys can cost under $1,000 total. With attorney assistance, an uncontested divorce typically costs $3,000 to $8,000. Contested divorces in New York are among the most expensive in the country, averaging $15,000 to $50,000 per spouse, with high-asset cases in New York City sometimes exceeding $100,000 per side.

How is child custody decided in New York?

New York courts decide custody based on the best interests of the child. The court considers factors including each parent's ability to provide a stable home, the quality of each parent's relationship with the child, the child's wishes (if old enough to express a preference), any history of domestic violence, and each parent's willingness to foster a relationship with the other parent. New York recognizes both legal custody (decision-making authority) and physical custody (where the child lives), and both can be awarded jointly or to one parent.

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This guide is for informational purposes only and does not constitute legal advice. New York laws may change. Consult a licensed New York attorney for guidance specific to your situation.