Divorce in New York: Costs, Laws, and Calculators (2026)

Everything you need to understand the financial reality of divorce in New York. State-specific costs, formulas, and free calculators.

Our estimate, uncontested
$2,500 - $8,000
Our estimate, contested
$17,000 - $80,000
Estimated timeline
4 - 18 months
DCE State Score
46 / 100

New York divorces typically cost about the same as the national average of $12,900.

New York uses a statutory maintenance formula, and its attorney rates and contested case totals are both among the highest in the country.

New York's residency requirement of 365 days is among the longest in the country, which can delay filing for recently relocated spouses. The state uses a statutory maintenance formula, running on the payor's income up to a cap the statute raises every two years, which makes support amounts more predictable than in purely discretionary states. That cap is on the payor's income and not on the two incomes combined, and the combined-income figure people quote is the child support one. Attorney rates across the state run $300 to $700 per hour, and court congestion in New York City family courts extends contested timelines well beyond the state average. New York is an equitable distribution state, but courts consider a wide range of factors including each spouse's career sacrifices and the other's career advancement.

What this section says about New York's property system is a characterisation this site carries rather than a finding. That is our own record rather than New York's own law.

Key Fact

New York's $193,000 of combined parental income is the point above which a court may consider the additional income, not a cap on what it can order, so high earners should expect the guideline figure to be a starting point rather than the answer.

Recent Development

New York courts have expanded the use of neutral expert appraisers for business valuations in high-asset divorces, reducing costly dueling expert battles.

New York Divorce Quick Facts

State law, attorney rates, and procedural rules for New York.

Property division system, in our record
Equitable Distribution (judicial discretion)
How alimony is decided, in our record
Statutory formula
Child support formula
Income Shares Model
Mandatory waiting period
None
Residency requirement
365 days
Mediation required, in our record
No
Equal parenting presumption, in our record
No
Fault divorce available, in our record
Yes
Collaborative divorce available
Yes, and our record says the same for all fifty states
Filing fee range
$335
Attorney hourly rates, our estimate
$300 - $700/hour
Filing fee last checked
May 29, 2026

Where these New York figures come from, since it is fair to ask. The court filing fee is the one we have gone back to, and even there we are recording what a fee schedule says rather than citing a document we have opened. Everything else on this page that is a cost or a length of time - attorney rates, the mediator's per-session rate, QDRO preparation, the average totals, the typical number of months - came into our data when the site was first built, and nobody has checked any of it against a published source since. Our own value distributions give the game away: attorney rates across all fifty states take seven distinct values at the low end, every one of them a multiple of 25, which is what a set of estimates looks like rather than fifty separate readings. We think they are in the right neighbourhood. We are not going to call them New York averages. For a real number, a New York family law attorney will quote you their own rate, and the clerk of court in your county will tell you the filing fee to the dollar.

The waiting period and the residency requirement in that table are in the same position, and they matter more, because a wrong number there is a filing in the wrong place rather than a bad estimate. Both came into our data at the original build and nobody here has read New York's dissolution statute. Confirm both with the clerk of court in the county where you will file, and ask specifically whether the wait runs from the day you file or from a separation date, because states do it both ways and our records hold one number for both cases.

DCE State Score Breakdown

Our proprietary index ranks every state on cost, complexity, and timeline. Higher is more favorable.

Overall DCE State Score

46/ 100

A score of 46 means New York is below average in terms of divorce cost and complexity, with elevated costs or longer timelines.

Cost Score

18/ 40

Based on filing fees, attorney rates, and total typical costs in New York.

Complexity Score

22/ 30

Reflects judicial discretion, mandatory mediation, and procedural hurdles.

Timeline Score

6/ 30

Driven by waiting periods and average case duration from filing to decree.

Divorce Calculators for New York

All 15 calculators preconfigured for New York.

New York Divorce Laws Overview

Property Division

Our record has New York as an equitable distribution state. That is our own record rather than New York's own property division law. Equitable does not mean equal, it means fair, based on the circumstances. Judges consider factors including each spouse's income and earning capacity, contributions to the marriage, length of the marriage, and the economic circumstances of each spouse. Outcomes can vary significantly from case to case.

Spousal Support (Alimony)

New York writes its spousal support calculation into the statute, and that is the section speaking rather than our record: N.Y. Dom. Rel. Law § 236(B)(6)(c) and § 236(B)(6)(e)(1) sets out two arithmetic routes for the amount and directs the court to order the result unless it finds that amount unjust or inappropriate and says why in writing. Our alimony calculator does not run it. The cap the calculation works up to is published by the Office of Court Administration rather than printed in the section and we do not hold the current figure, and the section's income is the child support definition rather than the gross figure this calculator collects. So the estimate on the alimony page is a national approximation of ours and the page says so beside it. The duration schedule in the same subdivision is advisory in the statute's own word, which the amount rule is not.

Child Support

New York uses the Income Shares Model for child support, and we have read the guideline that says so. In that model both parents' incomes are combined, a total support obligation is set from that combined figure and the number of children, and each parent's share is proportional to their share of the combined income. The paying parent pays their share to the receiving parent. The figure New York's own guideline works from is combined parental income, under N.Y. Fam. Ct. Act § 413(1)(b)(4) and (b)(5).

Custody and Parenting Time

Our record puts New York among the states giving judges wide discretion on custody, with no presumption of equal parenting time. That is our own record rather than New York's own custody law. Courts decide on the best interests of the child using a set of statutory factors, and outcomes can vary considerably with the judge and the circumstances.

This estimate is for planning purposes only and does not constitute legal or financial advice. Consult a licensed family law attorney in your state for guidance specific to your situation.

Frequently Asked Questions

How much does a divorce cost in New York?
Our working estimate is $2,500 - $8,000 for an uncontested New York divorce and $17,000 - $80,000 for a contested one, with the spread depending on attorney involvement, custody disputes, and the complexity of the marital estate. Court filing fees alone are $335. Both totals are ours rather than measured averages: they came into our data when this site was built and no survey stands behind them.
How long does a divorce take in New York?
Our records show no mandatory wait in New York, an uncontested case at roughly 4 months, and a contested one at about 18. Treat all three as ours rather than as findings: we have not read New York's dissolution statute or its court caseload statistics. The clerk of court in the county where you will file can confirm the wait, and whether it runs from filing or from a separation date, which differs by state.
How is property divided in New York?
Our record has New York as an equitable distribution state. That is our own record rather than New York's own property division law. Equitable does not mean equal, it means fair, based on the circumstances. Judges consider factors including each spouse's income and earning capacity, contributions to the marriage, length of the marriage, and the economic circumstances of each spouse. Outcomes can vary significantly from case to case.
How is child support calculated in New York?
New York uses the Income Shares Model for child support, and we have read the guideline that says so. In that model both parents' incomes are combined, a total support obligation is set from that combined figure and the number of children, and each parent's share is proportional to their share of the combined income. The paying parent pays their share to the receiving parent. The figure New York's own guideline works from is combined parental income, under N.Y. Fam. Ct. Act § 413(1)(b)(4) and (b)(5).
How is alimony determined in New York?
New York writes its spousal support calculation into the statute, and that is the section speaking rather than our record: N.Y. Dom. Rel. Law § 236(B)(6)(c) and § 236(B)(6)(e)(1) sets out two arithmetic routes for the amount and directs the court to order the result unless it finds that amount unjust or inappropriate and says why in writing. Our alimony calculator does not run it. The cap the calculation works up to is published by the Office of Court Administration rather than printed in the section and we do not hold the current figure, and the section's income is the child support definition rather than the gross figure this calculator collects. So the estimate on the alimony page is a national approximation of ours and the page says so beside it. The duration schedule in the same subdivision is advisory in the statute's own word, which the amount rule is not.

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