Couples choose legal separation for a variety of reasons. Sometimes, it’s a precursor to divorce. Others choose it because their religious faith prohibits divorce, their families have strong feelings about divorce or there are practical considerations.
Whatever the reasons a couple may be considering legal separation, it’s crucial to know how it works under New York law. That law was modified late in 2025 to make getting a legal separation in the state faster and less complicated, and the changes took effect earlier this year.
Wait time has been cut in half
First, the required period that a couple must have lived apart before they can obtain a legal separation was reduced from one year to six months. A couple must get a “decree or judgment of separation” codifying the beginning of their actual separation.
Further, a couple can now obtain a “no-fault” legal separation based on the “irretrievable breakdown” of the marriage. At least one spouse must swear that the “relationship between the spouses has been broken down irretrievably for a period of at least six months.”
These changes allow New York couples to obtain a legal separation in half the time previously required. However, as noted, they still need to put the necessary paperwork in place to stipulate that they have indeed not been living together for at least six months due to the breakdown of their relationship.
Financial and parenting matters must be settled
The change in the law also requires that matters regarding spousal and child support, child custody and visitation and fees related to the separation process “have been resolved by the parties, or determined by the court and incorporated into the action.”
By mandating that important issues around financial support and parenting be negotiated as part of the legal separation, the changes to the law help ensure that neither spouse suffers unnecessary financial hardship during the separation and that matters of parenting time and responsibility are settled so that the children’s lives aren’t upended any more than necessary. These agreements can also be used as the basis for divorce agreements if there is eventually a divorce.
Anyone who is considering separation – or who believes their spouse is – can benefit by getting sound legal guidance as soon as possible. This can help them protect their rights and be better prepared for the future.