The state of New York does not yet afford same-sex couples the right to enter marriage; it does, however, recognize their right to end their marriages in divorce if their marriages were valid in the jurisdictions in which they were performed. In order to serve an expanding client base, New York matrimonial lawyers must recognize the transient state of matrimonial law regarding same-sex couples and anticipate the changes that are likely to materialize.

New York does not permit same-sex marriages to be performed within its borders despite the state having one of the highest percentages of same-sex couples in the nation (approximately 46,500).1 Recently, however, the executive, legislative and judicial branches of state government have made great strides towards marital equality.