New York Family Law

New York laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute NY  Code - Domestic Relations
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. Fault based
3. Equitable distribution or community property Equitable Distribution
a. Methods of apportionment
i. Periera and Van Camp in CA
b. Property distribution factors N.Y. DOM. Rel. § 236B(5)
4. Legal separation? Yes
a. Waiting period/Separation period 1 year
5. Is mediation required Optional
6. Forms used NY Divorce Forms
7. Alimony guidelines and factors 236 B(6)
Alimony formula Temporary support calculator
a. Types Temporary or permanent
b. Term Limits Bill A7645-2015 passed June 2015
Cohabitation Judge's discretion as to whether alimony terminates
c. Imputing income Income may be imputed when parent found to be intentially unemployed, underemployed, or earning less than what was previously earned in order to reduce child support. 1-b(5)(v)
d. Change in circumstances Must show substantial change in circumstances
e. Ceases on retirement Grounds for modification if substantial dimunition of income
Impute income on early retirement "Cefola v. Cefola, 165 Misc. 2d 570, 629 N.Y.S.2d 631 (Sup. Ct. 1995) (where husband opted to retire from IBM in anticipation of downsizing, court would impute income to husband where evidence showed he could earn additional income as a private consultant in his field of expertise)."
Early retirement for health reasons is involuntary "Yourman v.Yourman, 216 A.D.2d 308, 627 N.Y.S.2d 746 (1995) (contention that disabling knee problems forced husband to abandon career as carpenter and handyman was not supported by record)"
f. Definition of income 1-b (b)(5)
8. Child support factors and guidelines 1b-(5)(c)
9. Child support calculator NY child support calculator
10. Lump Sum  Support allowed?

Yes

11. Valuation
a. Valuation date Separation
b. Goodwill divisibility All goodwill is divisible - Nehorayoff v. Nehorayoff, 08 Misc. 2d 311; 437 N.Y.S.2d 584 (1981)
c. Standard of value Fair market value / Investment Value
d. Discounts Discount for lack of marketability should only be applied to "portion of value of corporation that is attributed to goodwill" Cerretani
e. Shareholder/partner agreements Should be considered - Amodio v. Amodio, 70 N.Y.2d 5, 516 N.Y.S.2d 923 (1987)
 12. Double dip  Impermissable - Grunfeld v Grunfeld, 94 N.Y.2d 696 (2000)
 a. Stock options  Not permissible 
 b. Retirement accounts  Not permissable - Morrissey v. Morrissey, 686 N.Y.S.2d 71 (N.Y. App. Div. 1999)
 c. Child support
 13. Key cases  
 14. Premarital agreements  "Generally valid unless can show was entered into under fraud or duress.  Parties may agree to amount and duration of
maintenance, subject to general obligations law and provided terms
are fair and reasonable at time of agreement and not unconscionable at time of judgment NY DOM REL § 236"
 15. Common law  No


Browse Family Law by State
Choose a state form the list below for state-specific family laws, including legal requirements for divorce, marital property rules, child support guidelines, and much more.
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming