New York Divorce Settlement Agreement Template

A divorce settlement agreement (also called a marital settlement agreement) in New York is a legally binding contract between spouses that resolves all issues arising from the dissolution of their marriage — including property division, alimony, child custody, and child support. Under New York Domestic Relations Law §§170, 236 (Matrimonial Actions), New York follows equitable distribution — 19 statutory factors determine fair division of marital property. The residency requirement is 1 year if married in NY and either lived there; 2 years continuous residency otherwise. New York recognizes no-fault divorce on the ground of irretrievable breakdown for at least 6 months (DRL §170(7)). There is a no mandatory waiting period after filing. For spousal support, maintenance guidelines formula based on income cap ($228,000); duration based on marriage length.

Filing an uncontested divorce with a comprehensive settlement agreement is the fastest, most cost-effective path to dissolution in New York. Without a signed agreement, the court must resolve each disputed issue at trial — a process that can cost tens of thousands of dollars in attorney fees and take a year or longer. A well-drafted settlement also gives both spouses more control over the outcome than leaving decisions to a judge. Our divorce settlement generator creates a New York-compliant agreement covering all required terms. For marriages with children, pair it with a child custody agreement that addresses parenting time and decision-making authority.