Joint Memorandum in Favor of New York State Proposed Legislation in Relation to No-Fault Separation

SUMMARY

The Matrimonial Law Committee (Julie Sheldon, Chair) issued a joint statement with the American Academy of Matrimonial Lawyers (AAML) New York Chapter in support of proposed legislation (S.1261-A / A.3392-A) in relation to no-fault separation and in support of other gender-based language changes. Domestic Relations Law Section 200 currently provides grounds for separation by way of various fault grounds whereas Domestic Relations Law Section 170 provides grounds for divorce by way of various fault and no-fault grounds. The proposed legislation, which has passed both houses of the New York State Legislature and has been delivered to the Governor for signature, amends DRL § 200 to establish, by a new subsection (6), “no fault” separation grounds in the same fashion as a no-fault divorce under DRL § 170(7). The proposed addition to DRL § 200 differs, however, from the existing no-fault divorce language in DRL § 170(7) in that the former refers to the parties as “spouses”, while its counterpart in DRL § 170(7) refers to them in gender-specific manner as “husband” and “wife.” The terms “husband” and “wife” are also found in other provisions of the Domestic Relations Law. “We … strongly support the replacement of the words ‘husband’ and ‘wife’ with ‘spouse(s)’ throughout the Domestic Relations Law and in other statutes using those exclusionary terms for consistency and because such terms are inapplicable to many who are governed under the New York Law and who are entitled to equal treatment and recognition.”

BILL INFORMATION

S.1261-A (Sen. Krueger) / A.3392-A (AM Lavine)- An act to amend the domestic relation law, in relation to allowing for no fault separation (NYS 2025-26)

OUTCOME

Signed by the Governor, Chp. 673, Approval Memo 54 – December 19, 2025

REPORT

American Academy of Matrimonial Lawyers
New York Chapter

and

Matrimonial Law Committee of the New York City Bar Association

Joint Memorandum in Favor of New York State Proposed Legislation
S.1261-A (Sen. Krueger) / A.3392-A (AM Lavine) in Relation to No-Fault Separation and Support of Other Gender-Based Language Changes

Domestic Relations Law Section 200 as existing, provides grounds for Separation by way of various fault grounds, i.e., cruel and inhuman treatment, abandonment, non-support, adultery, and confinement to prison for three or more consecutive years.

Domestic Relations Law Section 170 as existing, provides grounds for Divorce by way of various fault and no-fault grounds, i.e., cruel and inhuman treatment, abandonment, confinement to prison for three or more consecutive years, adultery, living apart per a judicial decree/judgment of separation for one or more years with substantial compliance being demonstrated by the seeker of the divorce (“conversion divorce”); living apart per a valid written separation agreement for one or more years with substantial compliance being demonstrated by the seeker of the divorce (“conversion divorce”);and an irretrievable breakdown of the marriage for at least six-months with all ancillary issues having been resolved by judicial determination or agreement (“no-fault divorce”).

The proposed legislation, which has passed both houses of the New York State Legislature and has been delivered to the Governor for signature on December 8, 2025 amends DRL § 200 to establish by a new subsection (6), “no fault” separation grounds in the same fashion as a no-fault divorce under DRL § 170(7).

The AAML NY Chapter and the Matrimonial Law Committee of the New York City Bar Association both support this legislative change.

Further, in the proposed amendments to DRL § 170 subsections (5) and (6)—the “conversion” of separations (by decree and agreement, respectively) to divorce, the reference to “husband” and wife” have also been changed to “spouses” and the requisite time periods reduced.

The AAML NY Chapter and the Matrimonial Law Committee of the New York City Bar Association both support this legislative change.

The proposed addition to DRL § 200 differs, however, from the existing no-fault divorce language in DRL § 170(7) in that the former refers to the parties as “spouses”, while its counterpart in DRL § 170(7) refers to them in gender-specific manner as “husband” and “wife.”

The terms “husband” and “wife” are also found in other provisions of the Domestic Relations Law, including, inter alia, DRL § 140 addressing void and voidable marriages.

While DRL § 10-a(2) provides that “[w]hen necessary to implement the rights and responsibilities of spouses under the law, all gender-specific language or terms shall be construed in a gender-neutral manner” further amendments to change the terms “husband” and “wife” to “spouses” throughout the Domestic Relations Law remain necessary for consistency, gender equality, and fairness.

At a minimum, both statutes addressing no-fault divorce/separation should reference “spouses” and not “husband” and “wife,” with DRL § 170(7) amended in this regard.

With respect to gender equality and fairness, New York has previously passed the Marriage Equality Act in 2011, which then legalized and continues to provide for marriages between same-gendered persons. The continued use of the terms “husband” and “wife” in the Domestic Relations Law is, therefore, exclusionary, outdated and inaccurate in addressing married persons in this State, as is still referenced in DRL § 170(7).

The Matrimonial Law Committee of the New York City Bar Association and the New York Chapter of the AAML jointly and unequivocally support the proposed legislation as indicated.

We also strongly support the replacement of the words “husband” and “wife” with “spouse(s)” throughout the Domestic Relations Law and in other statutes using those exclusionary terms for consistency and because such terms are inapplicable to many who are governed under the New York Law and who are entitled to equal treatment and recognition.

Accordingly, the New York Chapter of the American Academy of Matrimonial Lawyers and the Matrimonial Law Committee of the New York City Bar Association support the proposed legislation, encourage the Governor to sign same into law, and call for further changes to Domestic Relations Law [as needed in DRL § 170(7)]  and other statutes to bring same into compliance with the word and spirit of marriage equality. We remain ready to assist in this endeavor.

December 2025

Matrimonial Law Committee of the New York City Bar Association
Julie Sheldon, Esq., Chairperson
Michael Lucatoro, Esq., Committee Member

American Academy of Matrimonial Lawyers New York Chapter
Judith L. Poller, Esq. President