New York divorces run on equitable distribution rather than a fixed split, and on a paperwork requirement most other states don't have — the Statement of Net Worth. Knowing both before you start changes how you prepare.
New York is an equitable distribution state, not a community property state: marital property is divided by what courts consider fair under the circumstances, not automatically split 50/50. Courts weigh factors laid out in Domestic Relations Law §236(B), including each spouse's income and property at the time of marriage, the length of the marriage, and each spouse's contributions — including non-financial contributions like homemaking or supporting the other spouse's career. Separate property (generally what you owned before the marriage, or inheritances and gifts kept separate) is usually not divided, but only if you can trace it clearly.
New York has allowed no-fault divorce since 2010, on the ground that the marriage has broken down irretrievably for at least six months. In practice this means neither spouse has to prove wrongdoing to get divorced, though fault grounds (like cruelty or abandonment) still technically exist and are rarely used. Divorces are filed in the Supreme Court in the county where either spouse resides — New York doesn't have a separate family court for divorce itself, though Family Court may handle related custody or support matters. Residency rules generally require that one spouse has lived in New York for one to two years before filing, or less if the marriage occurred in New York or both spouses are New York residents; a local attorney can confirm which threshold applies. Once a divorce is filed, New York's automatic orders take effect immediately for both spouses, freezing most transfers of marital assets, restricting changes to insurance coverage, and setting other limits designed to preserve the status quo while the case is pending.
New York requires most divorcing spouses to complete and exchange a Statement of Net Worth: a detailed, sworn financial disclosure covering income, expenses, assets, and debts, typically filed early in the case alongside tax returns. It is more exhaustive than a simple asset list, and putting it together well before it's due is one of the most useful things you can do early on. Start collecting: at least the last three years of tax returns, recent pay stubs, statements for every bank, brokerage, retirement, and pension account, mortgage and property tax records, and statements for any debts, credit cards, or business interests.
If you're claiming separate property — something you owned before the marriage, an inheritance, or a gift kept apart from marital funds — gather the paper trail now: the original account statement, deposit records, and anything showing the money or asset was kept separate rather than commingled. Under New York law, commingling separate funds with marital funds can turn them into marital property, so the documentation you can produce matters as much as the original source.
Keep copies of every letter exchanged with lawyers from the outset, including anything about temporary support, parenting time, or proposed settlement terms. In a state where the Statement of Net Worth and full financial disclosure carry real weight, a clear record of who said what and when is what turns scattered correspondence into a coherent case.
Child support in New York follows the Child Support Standards Act (CSSA), which applies a percentage of combined parental income based on the number of children, with adjustments for add-on expenses like health insurance and childcare. Spousal maintenance (New York's term for alimony) is guided by statutory formulas adopted in recent years, though courts retain discretion to adjust based on the specific circumstances of the marriage. Custody and parenting time are decided under a best-interests-of-the-child standard, and proposals that lay out concrete schedules, holidays, and decision-making arrangements generally fare better than vague requests for 'joint custody.'
1) Start your Statement of Net Worth early — it's long, and rushing it under a filing deadline is a common source of stress. 2) Get at least one consultation with a New York matrimonial attorney, even if you plan to handle much of the process yourself; New York's procedural rules (automatic orders, mandatory disclosure) are specific enough that local advice pays off early. 3) List marital and separate property separately, and pull tracing documents for anything you believe is separate before positions harden. 4) Understand that the automatic orders apply the moment a case is filed, so avoid moving assets, changing beneficiaries, or altering insurance without checking first. 5) Track every date any letter sets — response deadlines, conference dates, disclosure due dates — since New York's disclosure process moves on paper and dates are easy to lose track of when letters arrive from multiple directions at once.
Not automatically. New York is an equitable distribution state, so courts divide marital property based on fairness factors set out in state law, not a fixed formula. Confirm with a local attorney how this applies to your specific assets.
It's a detailed, sworn financial disclosure document required in most New York divorce cases, covering income, expenses, assets, and debts. Courts generally expect it early in the case, so starting it well before any deadline is worthwhile.
No. Since 2010, New York has allowed no-fault divorce on the ground of an irretrievable breakdown of the marriage for at least six months, though fault-based grounds still technically exist.
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This guide is general information, not legal advice. Laws change and differ by jurisdiction — confirm specifics with a local family lawyer or your court's official website. If you use SortMyDivorce, your letters stay confidential — never shared, never sold.