How Divorce Law Changed at Last Minute

For decades, couples seeking a divorce in New York had to prove that one spouse had committed one of several serious transgressions, including adultery, cruelty or sexual abandonment. By 2010, New York was the only state in the nation not to allow no-fault divorce.

Under no-fault, one spouse can declare the marriage over. Advocates for low-income New Yorkers and domestic-violence victims feared its passage would strip clients of their main leverage in settlement negotiations: refusal to grant a divorce.

The wide latitude that had been given to judges meant that maintenance awards could vary wildly. Spouses who couldn’t afford a lawyer fell into poverty, they said.

In 2004, advocates began drafting a bill that used a formula to calculate alimony, reducing the need for attorneys.