United States · State guide
Divorce inNew York.
Family law is state law. Here is how it works in New York: the property rules, support, how to file, what it costs, who enforces it, and every FairWell guide and tool set up for New York.
Official source: www.nycourts.gov
Property division
Equitable distribution state: marital property is divided fairly, which usually means roughly equally but the court can adjust based on statutory factors; separate property stays with the owner.
Residency and waiting period
Court: Supreme CourtGenerally: 1 to 2 years residency depending on where the marriage occurred and where the parties live; no-fault on irretrievable breakdown for 6 months. Exceptions apply; check the official source for current rules.
Child support
Child Support Standards Act percentages. New York law addresses companion animals in property division; check the official source for the current rule.
Retirement accounts
Workplace retirement plans are divided by a Qualified Domestic Relations Order (QDRO) prepared after the decree; IRAs are divided by the decree itself. A former spouse married ten years or more may claim Social Security on the ex's record.
Enforcement
Child support is enforced by New York Child Support Enforcement under the federal Title IV-D program: income withholding, tax refund intercepts, license suspension and passport denial for arrears.
Health insurance
Divorce ends a former spouse's eligibility on an employer plan. COBRA continuation is available for up to 36 months at full cost; the ACA marketplace opens a special enrollment period.
Official guidelines and tools
The government and court sources for child support, spousal support, the family law statute and self-help. Use these to check any estimate, including ours.
Common questions
How is property divided in a New York divorce?
Equitable distribution state: marital property is divided fairly, which usually means roughly equally but the court can adjust based on statutory factors; separate property stays with the owner.
How do I file for divorce in New York?
Generally: 1 to 2 years residency depending on where the marriage occurred and where the parties live; no-fault on irretrievable breakdown for 6 months. Exceptions apply; check the official source for current rules. File in the Supreme Court.
When does child support end in New York?
In New York, child support can continue until the child turns 21, and since 2021 a court can order support up to 26 for a child with a developmental disability who lives with and depends on the parent asking for support. Courts may order contributions to college costs, but not for a child 21 or older unless the parents agreed.
What happens to property when unmarried couples separate in New York?
New York does not allow couples to form a common-law marriage, so unmarried partners who separate are not covered by the state's divorce property-division rules. Property generally belongs to whoever holds title, subject to any written agreement or contract between you.
How long do you need to live in New York to file for divorce?
Usually one spouse must have lived in New York for two continuous years before filing, or for one continuous year if the couple married in New York, lived there as spouses, or the grounds arose there; if the grounds arose in New York and both live there, no minimum applies. Only the New York State Supreme Court can grant a divorce.
Official help: LawHelpNY. Rules change, so confirm with a family lawyer in New York before you rely on them.
Read next
Guides for New York
Filing for an uncontested divorce in the US
GuideWhat divorce costs in the US
GuideQDROs and retirement accounts
GuideDivorce and US taxes
GuideHealth insurance after divorce
GuideRelocation with children
GuideThe complete parenting plan guide
GuideYour separation date controls everything
GuideHidden assets: warning signs
GuideJoint debt at separation
GuideWhen your ex won't pay
GuideSeparating when there is abuse
Professionals
Family lawyers, mediators and coaches in New York
Family lawyers
Listings marked Verified have been checked against the state bar directory. Each lawyer sets their own fees.
DirectoryMediators
Family mediators for parenting and financial issues. Listings marked Verified have been checked against their association.
DirectoryDivorce coaches and counselors
Decision support, communication and co-parenting help. What a coach does.
Are you a professional in New York? List your practice.
New York
Get organized in New York
Guided questions for separation agreements, parenting plans and financial disclosure, linked to the official sources on this page and organized into a plain-language summary for a local family lawyer, who prepares the agreement and advises you.
Sources and further reading
This page is legal information, not legal advice. It summarizes how the process works in New York so you can plan; the official sources above are where current fees, forms and deadlines live, and they are the final word if anything here differs. When you're ready, the assessment and FairWell's guided questions link to the rules for New York; a local lawyer prepares any agreement and advises you before you sign.