By Adam Schneid, Esq. Published: June 2025
Introduction
New York State Senate Bill S8705A, first introduced in 2023, aimed to fix a long-standing problem in family law: the legal gray area between separation and divorce in New York. Its substance has since been carried forward into the current 2025-2026 legislative session as Senate Bill S1261-A / Assembly Bill A3392-A, sponsored by Senator Liz Krueger. As of this writing, the bill remains in committee and has not been enacted into law.
Most people are familiar with divorce—but far fewer understand what a judgment of separation is, or how it's treated in court. This article explains what the bill proposes, the key legal differences between separation and divorce in New York, and why the reform matters.
What Is Senate Bill S1261-A?
Senate Bill S1261-A (formerly S8705A) is a proposed amendment to New York's Domestic Relations Law § 236(B). Its main goal is to treat judgments of separation more like judgments of divorce.
The idea is to make family law more consistent and predictable for everyone involved—from courts to attorneys to families.
📄 Read the bill here
Separation vs. Divorce: What's the Difference?
Under New York law, both divorce and legal separation change your rights and responsibilities as a spouse. But they don't have the same legal effect.
✅ Divorce
A divorce ends the marriage completely. Once finalized, the couple is no longer legally married and can remarry. Grounds for divorce in New York include:
- No-fault divorce (irretrievable breakdown for 6+ months)
- Cruel and inhuman treatment
- Abandonment
- Adultery
- Imprisonment
A divorce judgment usually includes decisions on:
- Property division (equitable distribution)
- Spousal support (maintenance)
- Child custody and visitation
- Child support
- Termination of inheritance or health insurance rights
⚖️ Separation
A legal separation means the couple remains married but lives apart under a court order. It may be used for religious reasons, financial planning, or to preserve certain benefits (like health insurance). A separation judgment can include:
- Child custody and support
- Maintenance
- Property and housing arrangements
After a full year of living apart under a judgment of separation, either party can file for divorce under New York Domestic Relations Law § 170(6).
How Common Is Legal Separation in New York?
It's extremely rare. Most couples skip separation and go straight to divorce.
According to the New York State Department of Health:
- In 2021, there were 44,235 marriage dissolutions statewide.
- Of those, 44,162 were divorces.
- Only 14 divorces were based on a prior legal separation.
📊 View the official statistics here [link on live site – preserve]
This shows that separation is almost never used as a formal step before divorce in New York.
Why Does Senate Bill S1261-A Matter?
Although rare, legal separations do happen. The purpose of the bill is to allow the standard for a Judgment of Separation to match the standard of a Judgment of Divorce. Without this bill, it is easier to get a Judgment of Divorce than it is to get a Judgment of Separation.
Final Thoughts
If passed, the bill would make family court proceedings more efficient and fair, especially for people who take a two-step approach to ending a marriage.
Need Legal Advice?
If you're considering separation or divorce—or if you have questions about how your separation agreement may affect your future rights—consult an experienced New York family law attorney.
We're here to help guide you through your options with clarity and compassion.
For how the timing of a filing affects what counts as marital property — separate from the separation-vs-divorce distinction — see The Cost of Waiting: When to File for Divorce.
Sources:
- New York Senate Bill S1261-A / Assembly Bill A3392-A (2025-2026 session; formerly S8705A, 2023)
- New York Domestic Relations Law §§ 170, 200, 236(B)
- New York State Department of Health, Vital Statistics of New York State 2021, Table 50