Bill > A03392

This bill amends the New York Domestic Relations Law to modify the grounds for legal separation, reducing the required separation period from one year to six months and introducing a new provision for "irretrievable breakdown" of a marriage. Specifically, the bill allows spouses to legally separate if they have lived apart either pursuant to a court decree or a written separation agreement for at least six months. Additionally, the bill introduces a new ground for separation where the relationship between spouses has "broken down irretrievably" for at least six months, but with an important caveat: before such a separation can be granted, all critical economic and child-related issues must first be resolved. These issues include spousal support, child support, payment of legal fees, and child custody and visitation arrangements. The new law can be stated under oath by one party and requires that these fundamental matters be either mutually agreed upon by the spouses or determined by the court. The bill updates language to use gender-neutral terms like "spouses" instead of "husband and wife" and will take effect 60 days after becoming law, applying to matrimonial actions commenced on or after that date.

Justice

https://www.nysenate.gov/legislation/bills/2025/A3392