How Divorce Differs in New York from Other States

Did you know that the divorce process is different in every state? For example, back in 2021, New York had 2.2 divorces per 1,000 inhabitants. To get professional help navigating the divorce, they call on a Suffolk County divorce attorney or another expert in their area. However, the divorce rate is not the only thing that makes the end of people’s marriages different – New York has its own laws that make it unique from other areas of the United States. 

New York used to be the only state that didn’t allow people to apply for no-fault divorces. If anyone wanted to get divorced, they needed a serious reason, such as abandonment, adultery, and other wrongdoing. In the end, New York changed this law in 2010, but it was the country’s last state to do so. Nowadays, there are other laws that set New York apart from other states when it comes to divorce, and we will discuss them below. 

• Spousal Support in New York

Spousal support doesn’t have a permanent formula at the moment. Temporary support can be determined using a specific formula, but it’s hard to decide on permanent support. However, when it comes to alimony, New York is a great state because it tends to offer a considerable amount of money. 

It’s not a secret that living in New York has a higher standard of living. Therefore, judges may offer more money in alimony to the spouse in need compared to other states.

• Child Support in New York

When the court tries to determine the custody of a child, they use a unique formula. They calculate a percentage of the parent’s income for one child, two children, three children, and so on. After all, it’s essential to make sure that the child can live a comfortable life, especially following the separation of the parents. 

However, in New York, there is an income cap. The income they pay attention to is generally the first $350,000, although some cases also went to higher amounts. Meanwhile, child support is expected to skyrocket in other states when someone is wealthy. 

However, New York parents pay child support for longer compared to those in other states. While the majority stop doing so at 18, New York makes you pay it until the child turns 21. 

• More Privacy During the Divorce

What’s great about New York compared to other states is that it offers more privacy throughout your divorce. The only ones who can access the files are the attorneys. The court can decide to do things anonymously when they’re dealing with famous people, and releasing the names of the persons would be a privacy violation. 

Sometimes, the court can make the involved people completely anonymous. In other cases, they just publish the initials. 

• Enhanced Earning Capacity in New York

Here’s one more thing that makes New York quite special when it comes to divorce: it is basically the only state that takes “enhanced earning capacity” into consideration. This means that the state puts a value on the spouses’ licenses, awards, and degrees that they got during their marriage. 

• Child Custody in New York

If your marriage resulted in children, then you will unavoidably fight for custody. In many other states, including California, it is considered that both parents should have equal custody of a child. 

New York begs to differ in this case. More often than not, the mother is the one who gets custody of the children. At the same time, things are starting to shift, with more parents getting to spend time with their children one night a week or every other weekend. 

• Separate Property in New York

Something that New York has that many other states don’t is the concept of separate property. This basically includes property that isn’t subject to division when the couple separates. When one spouse has various assets, they are considered separate from any property you’ve obtained while you were married. In New York, even when one party receives an inheritance, it is regarded as separate property and will not be distributed. 

The Bottom Line

As you can see, New York has many unique laws when it comes to divorce. Separate property, child custody, earning capacity, privacy, child support, and spousal support are all different in this state. So, before you get divorced, make sure to research the laws in the state to be prepared. Also, don’t forget that hiring a divorce attorney can help you navigate the case more efficiently.