What's happening
This bill allows New York spouses to seek legal separation on no-fault grounds after six months of irretrievable breakdown.
Why it matters
Expands access to legal separation. by allowing couples to separate without proving fault, which could reduce conflict and emotional strain for families seeking separation rather than divorce.
Shortens the required separation period. from one year to six months, meaning couples won’t have to wait as long to formalize a separation—potentially speeding up access to financial or custody arrangements.
Requires that all economic and child-related issues be resolved. (or decided by the court) before the separation is official, ensuring that neither party is left without legal clarity on support, custody, or visitation during the separation process.
Modernizes legal language. by replacing outdated gendered terms like “husband and wife” with “spouses,” making the law more inclusive for all married couples regardless of gender.
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Who cares
Spouses seeking legal separation
The bill would allow separation based on an irretrievable breakdown lasting at least six months, with one spouse stating that breakdown under oath.
Separated spouses seeking divorce
The bill would shorten the required time living apart under a separation judgment or written agreement from one year to six months, while retaining the requirement of substantial compliance with its terms.
Parents pursuing no-fault separation
Child support, custody and visitation issues would have to be resolved by the parties or determined by the court and incorporated into the action before it could proceed.
Matrimonial attorneys
The new separation ground would require resolution of spousal support and counsel and expert fees and expenses, alongside child-related issues, before an action could be maintained.
Headline styles
Allow No-Fault Separation
Plain English, a few words. Used as the page title.
Sponsors
History
- Substituted by S1261A
- Advanced to third reading cal.65
- Reported
- Print number 3392a
- Amend and recommit to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow No-Fault Separation
Signed by Governor · Sponsor Liz Krueger
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3392--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 27, 2025
Introduced by M. of A. LAVINE, BORES, DAVILA, GLICK, LEVENBERG, SIMON -read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the domestic relations law, in relation to allowing for no fault separation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 5 and 6 of section 170 of the domestic relations law, subdivision 5 as amended by chapter 835 of the laws of 1970 and subdivision 6 as amended by chapter 801 of the laws of 1971, are amended to read as follows:
(5) The [husband and wife] spouses have lived apart pursuant to a decree or judgment of separation for a period of [one or more years] six months or more after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that [he or she] such plaintiff has substantially performed all the terms and conditions of such decree or judgment.
(6) The [husband and wife] spouses have lived separate and apart pursuant to a written agreement of separation, subscribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded, for a period of [one or more years] six months or more after the execution of such agreement and satisfactory proof has been submitted by the plaintiff that [he or she] such plaintiff has substantially performed all the terms and conditions of such agreement. Such agreement shall be filed in the office of the clerk of the county wherein either party resides. In lieu of filing such agreement, either party to such agreement may file a memorandum of such agreement, which memorandum shall be similarly subscribed and acknowledged or proved as was the agreement of separation and shall contain the following information: (a) the names and addresses of each of the parties, (b) the date
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03731-04-5
of marriage of the parties, (c) the date of the agreement of separation and (d) the date of this subscription and acknowledgment or proof of such agreement of separation.
§ 2. Section 200 of the domestic relations law is amended by adding a new subdivision 6 to read as follows:
6. The relationship between the spouses has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath. No action for separation shall be maintained under this subdivision unless and until the economic issues of the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the action.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law and shall apply to matrimonial actions commenced on or after such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.