New York Divorce Laws: Residency, Alimony, and Custody Explained

Divorce can be a complex and emotional process, especially in a state like New York, where family law covers detailed rules about residency, support, and parenting. If you’re considering ending your marriage in the Empire State, it’s essential to understand your rights and obligations.

This article breaks down the key elements of New York divorce laws in 2025, including residency requirements, spousal support (alimony), and child custody arrangements.

Residency Requirements for Divorce in New York

To file for divorce in New York, you or your spouse must meet one of the following residency conditions:

• One spouse has lived in New York for at least 2 years prior to filing; OR
• Both spouses live in New York at the time of filing and the grounds for divorce happened in New York; OR
• One spouse has lived in New York for at least 1 year, and:
  • The marriage took place in New York, OR
  • The couple lived in New York as spouses, OR
  • The grounds for divorce occurred in New York

If none of these criteria are met, New York courts will not have jurisdiction over the case.

Grounds for Divorce in New York

New York allows both no-fault and fault-based divorces.

No-Fault Divorce (most common):

• The marriage has been “irretrievably broken” for at least six months

Fault-Based Grounds:

• Adultery
• Cruel and inhuman treatment
• Abandonment for at least one year
• Imprisonment for three or more years
• Separation (under a signed agreement or court order) for at least one year

Most couples now choose no-fault divorce due to its simplicity and neutrality.

Alimony (Spousal Support) in New York

In New York, alimony is called spousal maintenance. It may be temporary (while the divorce is pending) or post-divorce (for a specific period or permanently, in rare cases).

Factors the court considers:

• Length of the marriage
• Age and health of both spouses
• Income and property of each party
• Earning capacity and education
• Standard of living during the marriage
• Presence of children or caregiving responsibilities
• Tax consequences

New York courts use a formula to determine the presumptive amount and duration of maintenance, but judges can deviate if fairness requires it.

Child Custody in New York

Child custody in New York is determined based on the best interests of the child. Custody can be legal (decision-making authority) or physical (where the child lives).

Types of Custody:

• Sole custody: One parent has full rights
• Joint custody: Both parents share decision-making (legal), possibly physical custody too
• Shared physical custody: Child spends time living with both parents

Factors the court considers:

• Each parent’s ability to care for the child
• Child’s wishes (depending on age and maturity)
• Mental and physical health of parents
• Any history of abuse, neglect, or substance use
• Stability and home environment

Child Support in New York

Child support is calculated using a percentage of combined parental income, based on the Child Support Standards Act (CSSA):

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

Additional costs (like medical, education, or daycare) may be divided proportionally.

Property Division in New York

New York follows equitable distribution, meaning marital assets are divided fairly, but not necessarily equally.

• Marital property includes assets acquired during the marriage
• Separate property includes inheritances, gifts, or pre-marriage assets

The court considers:

• Duration of the marriage
• Contributions (financial and non-financial) of each spouse
• Future financial circumstances
• Custody arrangements

Final Thoughts

Understanding New York divorce laws is critical to protecting your rights—whether you’re seeking alimony, custody, or a fair division of property.

While the state offers straightforward no-fault divorce options, financial and parenting matters can still be complex.

If you’re preparing for a divorce, consulting a family law attorney or mediator can help you make informed decisions tailored to your specific situation.

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