New York courts decide divorce outcomes based on the best interests of children for custody and equitable distribution principles for finances, with 2026 reforms emphasizing detailed disclosures and individualized support calculations. Alimony, now termed maintenance, follows statutory formulas adjusted for recent income imputation rules. No-fault divorce remains available under Domestic Relations Law §170.
Child Custody Standards
Courts prioritize the child’s best interests, considering factors like parental fitness, stability, wishes of the child (if mature), and any history of domestic violence or neglect. Joint custody is favored when feasible, but sole custody goes to the parent best able to foster the child’s relationship with the other. Recent 2024-2026 amendments expand family offense protections and refine venue rules to the county of residence for custody filings.
Maintenance (Alimony) Guidelines
Maintenance uses a formula based on income disparity: 20% of payor’s income minus 25% of payee’s for durations tied to marriage length (e.g., 30% for 0-10 years, up to 50% indefinite for 30+ years). Courts impute income considering job history, health, market conditions, and incarceration no longer deemed voluntary unemployment. Updated 2026 forms require spreadsheet-based proposals for transparency.
Equitable Distribution Process
Marital property divides equitably—not equally—factoring marriage length, income, contributions (including homemaking), lost earning potential, and tax impacts. Separate property (pre-marital, gifts, inheritances) stays separate unless commingled. New 2026 financial disclosure rules mandate precise Statements of Net Worth and Proposed Disposition early in proceedings.
SOURCES
[1](https://www.mindinlaw.com/blog-1/2025/11/30/new-york-matrimonial-law-changes-for-2026)…