New York Marital Settlement Agreement
A New York marital settlement agreement lets divorcing spouses divide marital property equitably, set spousal maintenance, and address custody and child support, then have those terms incorporated into the judgment of divorce. Attorney review available.
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Introduction
Unlike most states, New York sets spousal support by a statutory maintenance guideline formula, and a marital settlement agreement is the written contract divorcing spouses use to settle that support along with their property, debts, and (by reference) custody and child support, so the terms can be incorporated into the judgment that ends the marriage. In New York this is often called an opting-out or separation agreement: N.Y. Dom. Rel. Law 236(B)(3) lets spouses contract out of the default rules through a written agreement that is signed and acknowledged like a deed. New York is an equitable distribution state, so absent your agreement a court divides marital property equitably, meaning fairly but not necessarily equally, considering the circumstances of each party (N.Y. Dom. Rel. Law 236(B)(5)(c)); separate property stays with the spouse who owns it. Unlike most states, New York has a statutory maintenance guideline formula (N.Y. Dom. Rel. Law 236(B)(6)) that sets a presumptive amount from the payor and payee incomes up to a statutory income cap adjusted for inflation every two years (for 2024 and 2025 that cap was $228,000); above the cap the court weighs statutory factors. Custody and child support follow the Child Support Standards Act (N.Y. Dom. Rel. Law 240(1-b)), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Once signed and acknowledged, your agreement can be incorporated into the judgment of divorce. DocDraft builds your New York marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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New York calls it an opting-out or separation agreement, and a New York marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be incorporated into the judgment that ends the marriage.
- 2
New York is an equitable distribution state. Marital property is distributed equitably between the parties, meaning fairly but not necessarily equally, considering the circumstances of the case and of the respective parties (N.Y. Dom. Rel. Law 236(B)(5)(c)). Separate property stays with the spouse who owns it.
- 3
New York lets spouses contract out of the default property and maintenance rules through a written agreement, often called an opting-out or separation agreement (N.Y. Dom. Rel. Law 236(B)(3)). A New York marital settlement agreement is where you set those terms yourselves instead of leaving them to the court.
- 4
Unlike most states, New York has a statutory maintenance guideline formula (N.Y. Dom. Rel. Law 236(B)(6)). It sets a presumptive maintenance amount from the payor and payee incomes up to a statutory income cap that is adjusted for inflation every two years; for 2024 and 2025 that cap was $228,000. The formula runs two calculations and uses the lower result.
- 5
For income above the maintenance cap, the court decides any additional maintenance by weighing statutory factors, and it may adjust the guideline result if applying the formula would be unjust or inappropriate. New York also publishes an advisory schedule tying the duration of maintenance to the length of the marriage.
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Child support follows the New York Child Support Standards Act (N.Y. Dom. Rel. Law 240(1-b)). Parties may agree on support, but the agreement must state that they were advised of the guideline, recite the presumptive guideline amount, and give the reason for any deviation. Custody and child support stay court-approved and modifiable and cannot be bargained away.
- 7
A New York marital settlement agreement must be in writing, signed by both spouses, and acknowledged before a notary in the manner required to record a deed (N.Y. Dom. Rel. Law 236(B)(3)). Once signed and acknowledged, it can be incorporated into the judgment of divorce, and the parties can specify whether it merges into the judgment or survives as an independent contract.
Key decisions before you file
Before you file a Marital Settlement Agreement in New York, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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New York Requirements for Marital Settlement Agreement
Equitable Distribution of Marital Property
New York is an equitable distribution state. Marital property is distributed equitably between the parties, meaning fairly but not necessarily equally, considering the circumstances of the case and of the parties (N.Y. Dom. Rel. Law 236(B)(5)(c)). Separate property stays with the spouse who owns it.
Opting-Out Agreement
New York lets spouses contract out of the default property and maintenance rules through a written agreement, often called an opting-out or separation agreement (N.Y. Dom. Rel. Law 236(B)(3)). A New York marital settlement agreement uses that authority so the parties can set the division themselves.
Statutory Maintenance Guideline Formula
Unlike most states, New York has a statutory maintenance guideline formula (N.Y. Dom. Rel. Law 236(B)(6)). It sets a presumptive amount from the payor and payee incomes, runs two calculations, and uses the lower result.
Maintenance Income Cap
The maintenance guideline applies to the payor income up to a statutory income cap that is adjusted for inflation every two years. For 2024 and 2025 that cap was 228,000 dollars. Above the cap the court weighs statutory factors.
Deviation From the Maintenance Guideline
The maintenance guideline result is presumptive. A court may adjust it by weighing statutory factors if applying the formula would be unjust or inappropriate, and New York publishes an advisory schedule tying the duration of maintenance to the length of the marriage.
Child Support Standards Act
Child support follows the New York Child Support Standards Act (N.Y. Dom. Rel. Law 240(1-b)). An agreement must state that the parties were advised of the guideline, recite the presumptive guideline amount, and give the reason for any deviation.
Custody and Child Support Stay Modifiable
Custody and child support terms in a New York marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms cannot be bargained away.
In Writing, Signed, and Acknowledged
A New York marital settlement agreement must be in writing, signed by both spouses, and acknowledged before a notary in the manner required to record a deed (N.Y. Dom. Rel. Law 236(B)(3)). Once signed and acknowledged, it can be incorporated into the judgment of divorce.