⚖️ New York Divorce
I represent clients in contested and uncontested divorce proceedings throughout New York State. Divorce involves significant legal, financial, and personal decisions that can affect your future for years to come. I provide strategic representation designed to protect your rights and achieve your long-term objectives.
Grounds for Divorce in New York
New York recognizes seven grounds for divorce under Domestic Relations Law § 170.
No-Fault Divorce
The vast majority of divorces proceed under the no-fault ground: irretrievable breakdown of the marriage for a period of at least six months. This ground does not require proof of wrongdoing by either spouse.
Fault-Based Grounds
- Cruel and inhuman treatment
- Abandonment for one year or more
- Imprisonment for three or more consecutive years after the marriage
- Adultery
- Separation-based grounds (recently reduced from one year to six months pursuant to a judgment of separation or separation agreement)
Contested vs. Uncontested Divorce
An uncontested divorce occurs when both spouses agree on all issues—including property division, spousal maintenance, child custody, and child support. These cases are generally faster and less expensive. A contested divorce occurs when spouses cannot agree on one or more issues. These cases proceed through the New York Supreme Court and can involve preliminary conferences, extensive financial discovery, motion practice, settlement conferences, and ultimately trial. Typical contested divorces take between 12 and 24 months from commencement to judgment, though complex cases can extend longer.
Residency Requirements
A New York divorce requires satisfaction of residency under Domestic Relations Law § 230:
- One-year residency applies if the parties married in New York, resided in New York as spouses, or the grounds for divorce occurred in New York
- Two-year residency applies if none of these connections exist
Effective February 19, 2025, divorce actions must be filed in a county where one of the parties or a minor child resides
Equitable Distribution of Marital Property
New York is an equitable distribution state. This means that marital property is divided fairly between spouses based on statutory factors, not automatically 50/50. While equal division is often the result, the court is required to consider many factors in making such a decision.
Marital vs. Separate Property
- Marital Property — Generally, assets acquired during the marriage, regardless of whose name is on the title
- Separate Property — Assets acquired before marriage, inheritances, gifts from third parties, and personal injury compensation (except for lost earnings) remain outside equitable distribution
Important: A home purchased before marriage may become marital property if both spouses contribute to mortgage payments, renovations, or maintenance during the marriage. Inherited or gifted property can be partially transmuted into marital property through commingling of funds or joint use.
Factors the Court Considers
When dividing marital property, the court considers 14 statutory factors under Domestic Relations Law § 236(B)(5)(d), including:
- The length of the marriage
- Each party's age and health
- Contributions to the marriage (including homemaker and caregiver contributions)
- The economic desirability of keeping certain assets intact
- Tax consequences of distribution
- Wasteful dissipation of marital assets
- Acts of domestic violence
- The income and property of each spouse at the time of the marriage and divorce
- The value of each spouse's separate property
- The future financial circumstances of each party
High-Asset and Complex Property Division
High-asset divorces require specialized attention to complex assets such as:
- Luxury real estate and vacation properties
- Investment portfolios and hedge funds
- Business ownership or partnership interests
- Stock options and executive compensation packages
- Retirement accounts and pensions
- Trusts and inheritances
- Valuable personal property such as art, jewelry, and collectibles
Depending on the complexity of your case, I may engage appraisers, forensic accountants, or other experts to assist with valuation and financial analysis.
Spousal Maintenance (Alimony)
Spousal maintenance is financial support provided by one spouse to the other during or after a divorce. It is designed to address income disparities and ensure fairness in financial transitions.
Types of Maintenance
- Temporary (Pendente Lite) Maintenance — Provides financial stability to the lower-earning spouse while the case is ongoing. Ends when the divorce is finalized.
- Post-Divorce Maintenance — Provides ongoing financial support after the divorce is finalized. May be durational (specific time period) or non-durational (indefinite).
Calculating Spousal Maintenance
New York uses statutory formulas to calculate spousal maintenance. The formulas use two alternative calculations, and the court applies the lower of the two.
- Formula A (No Child Support Paid by Payor) — 30% of payor's income minus 20% of payee's income
- Formula A (Child Support Paid by Payor) — 20% of payor's income minus 25% of payee's income
- Formula B (Both Scenarios) — 40% of combined income minus the payee's income
Effective March 1, 2026, the payor income cap for maintenance guidelines rose to $241,000 (up from $228,000). For payor income above the cap, the court has discretion based on statutory factors.
Durational Guidelines for Post-Divorce Maintenance
The duration of post-divorce maintenance is guided by advisory ranges based on the length of the marriage:
- 0 up to and including 15 years — 15% to 30% of the length of the marriage
- 15+ up to and including 20 years — 30% to 40% of the length of the marriage
- More than 20 years — 35% to 50% of the length of the marriage
Factors Affecting Maintenance Awards
- Income and property of each spouse
- Length of the marriage
-Age and health of each spouse
- Earning capacity
- Contributions to the marriage (including homemaking and career support)
- Standard of living during the marriage
- Childcare responsibilities
- Tax consequences
Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements are contracts that determine how assets will be divided in the event of divorce. These agreements can:
- Protect separate property and prevent commingling
- Define spousal maintenance (or waive it entirely)
- Specify property division
- Protect children from previous marriages
Under New York law, spouses may opt out of the maintenance calculation guidelines through an agreement.
Fee Arrangements
Divorce matters are generally billed on an hourly, flat-fee, phased, or hybrid basis, depending on the matter's complexity, procedural posture, and anticipated scope of representation. All fee arrangements, anticipated costs, and the scope of representation are discussed during the initial consultation and confirmed in a written retainer agreement.
Initial Consultation
An initial consultation is $300 for up to one hour. The consultation fee is non-refundable. If I accept your matter and you sign a retainer agreement, I may, in my discretion, credit some or all of the consultation fee toward future legal services.
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