Bill > S01261

This bill amends New York's domestic relations law to modify the grounds for legal separation by reducing the required separation period from one year to six months and introducing a new provision for "irretrievable breakdown" of the marital relationship. Specifically, the bill allows spouses to obtain a legal separation if they have lived apart either pursuant to a formal separation decree or a written separation agreement for at least six months. The key addition is a new ground for separation where the relationship between spouses has "broken down irretrievably" for at least six months, which must be stated under oath. Importantly, the bill requires that before such a separation can be granted, all critical issues such as spousal support, child support, counsel fees, and child custody and visitation must either be resolved by mutual agreement between the parties or determined by the court. This change makes the separation process more streamlined by reducing the waiting period and providing a clear, no-fault path to legal separation while ensuring that critical financial and child-related matters are appropriately addressed. The bill will take effect 60 days after becoming law and will apply to matrimonial actions commenced on or after that date.

Justice

https://www.nysenate.gov/legislation/bills/2025/S1261