What Does MAT-Contested Mean in a Divorce Case?

MAT-contested is the case-type code the New York State Unified Court System assigns to a contested matrimonial action. In plain terms, if your case is labeled MAT-contested, it means you and your spouse disagree about at least one significant issue in the divorce, and a judge will actively manage the case from filing to final judgment.¹ That one label carries real weight: it determines how the court tracks your case, what deadlines apply, and how much judicial involvement your divorce will require.

What Makes a Divorce Contested

A divorce becomes contested the moment either spouse objects to the divorce itself, disputes the stated grounds, or cannot agree on how to divide property, handle spousal support, or arrange custody of children.¹ An uncontested case is one where both parties have signed off on every term before the court sees it. A MAT-contested case is everything else.

In practice, most spouses who file contested cases still use New York’s no-fault ground, which requires only a sworn statement that the relationship has broken down irretrievably for at least six months. The fight is usually about money and children, not about blame. Even so, under the no-fault provision no final judgment can be entered until every financial and custodial issue has been resolved or decided by the court.² That’s why a case can be filed on no-fault grounds and still sit in the MAT-contested track for a year or more.

What Happens Automatically When the Case Is Filed

One of the most important and least understood features of a contested divorce is what happens the instant the papers are filed. Under Domestic Relations Law § 236(B)(2)(b), a set of restraining orders takes effect immediately against the filing spouse and against the other spouse upon service. These “automatic orders” bind both of you for the entire time the case is pending.³

While the case is open, neither spouse may:

Sell, transfer, hide, or encumber any jointly or individually held asset without the other spouse’s written consent or a court order; routine household spending and reasonable attorney fees are the exceptions.
Withdraw from, borrow against, or request payouts from any IRA, 401(k), pension, or similar account. A spouse already receiving retirement payments may continue to collect them.
Take on new debt beyond normal household expenses or attorney fees, including borrowing against a home equity line or running up credit cards.
Remove the other spouse or the children from any existing medical, dental, life, auto, or homeowners insurance policy.
Change existing life insurance beneficiary designations.

Violating any of these restrictions can lead to contempt of court, financial sanctions, and an unfavorable result when the judge divides property.³ If your case is labeled MAT-contested and you’ve been served, assume these rules apply to you from that moment forward.

How the Case Moves Through the Court

Starting the case requires an index number from the County Clerk, which costs $210.⁴ The filing spouse then has the divorce papers personally delivered to the other spouse by someone at least 18 years old who is not a party to the case. That person signs an Affidavit of Service, which gets filed as proof.⁵

Next comes the Request for Judicial Intervention, a $95 filing that triggers the random assignment of a judge who will stay with your case from start to finish.⁶ Once the judge is assigned, the court schedules a preliminary conference within 45 days. Both spouses must attend in person.⁷

The Statement of Net Worth

Before the preliminary conference, both spouses must complete a Statement of Net Worth and exchange them no later than ten days before the conference.⁷ This is a sworn financial disclosure covering every source of income, every asset, and every debt: bank accounts, retirement funds, real estate, business interests, mortgages, credit card balances, and personal loans. You must attach your most recent W-2s, 1099s, K-1s, income tax returns, and recent pay stubs.⁸

Because the form is sworn under penalty of perjury, hiding assets or lying about income can result in sanctions, contempt, and a judge adjusting the property split to compensate the honest spouse. In extreme cases, a settlement can be reopened years later if concealed assets come to light. Getting your financial records organized before you start saves significant time and legal fees.

The Preliminary Conference

The preliminary conference is where a MAT-contested case takes its shape. The judge sets a discovery schedule covering document requests, depositions (limited to seven hours each), and interrogatories (limited to 25 questions including subparts). The court also hears any requests for temporary relief, such as interim support or an advance on attorney fees. Before you leave, both sides must identify in writing every unresolved issue related to fault, custody, and finances. Any issue not raised at this point generally cannot be brought up later without showing good cause.⁷ In a straightforward case, the court aims to complete discovery and set a trial date within six months of the conference.

What the Judge Will Decide

The MAT-contested designation exists because a judge has to resolve something you and your spouse haven’t resolved yourselves. Here is what sits on the judge’s desk.

Equitable Distribution of Property

New York follows equitable distribution under Domestic Relations Law § 236, which means the court divides marital property fairly but not necessarily equally. Only assets acquired during the marriage are subject to division. Property one spouse owned before the marriage, received as a gift, or inherited generally stays with that spouse, though the line blurs when separate property gets mixed with marital funds.

The statute lists 16 factors the judge weighs, including:

Income and property each spouse had at marriage and at the time of filing.
Length of the marriage and health of both spouses.
The custodial parent’s need to keep the marital home.
Loss of pension rights, inheritance rights, or health insurance that one spouse suffers because of the divorce.
One spouse’s contributions to the other’s career, such as working to put a partner through professional school.
Assets wastefully dissipated or transferred for less than fair value to keep them out of the divorce.
The nature and impact of any domestic violence.
Tax consequences of the proposed division.

The list ends with a catch-all allowing the judge to consider anything else fairness demands. New York does not treat enhanced earning capacity from a degree, license, or celebrity status as marital property on its own, but the court can weigh the other spouse’s contributions to that earning capacity when setting the overall split.³

Spousal Maintenance

New York calculates maintenance by statutory formula. When the paying spouse is also the noncustodial parent paying child support, the court subtracts 25% of the lower-earning spouse’s income from 20% of the higher-earning spouse’s income, then compares that figure to 40% of combined income minus the payee’s income, and uses whichever result is lower. When no child support is involved, the percentages shift to 30% and 20%.⁹

The formula applies only up to an income cap that adjusts every two years based on the Consumer Price Index. Above the cap, the court decides any additional maintenance by weighing factors such as the standard of living during the marriage, each spouse’s age and health, the length of the marriage, and whether one spouse sacrificed career opportunities for the household. If the formula produces zero or less, no guideline maintenance is owed, though the court can deviate when the result would be unjust.

Custody and Child Support

When parents cannot agree on custody, the judge decides based on the best interests of the child. Unlike equitable distribution, the custody statute does not list a rigid checklist. The judge has broad discretion to consider any circumstance relevant to the child’s welfare, including each parent’s living situation, involvement in the child’s life, and ability to provide stability. If domestic violence is alleged and proven by a preponderance of the evidence, the court must specifically consider its effect on the child and explain on the record how it factored into the decision.¹⁰

Child support follows a formula under the Child Support Standards Act. The court combines both parents’ incomes and applies a percentage based on the number of children:

One child: 17% of combined parental income.
Two children: 25%.
Three children: 29%.
Four children: 31%.
Five or more: at least 35%.

Each parent’s share of that total is proportional to their share of combined income.¹⁰ The same percentages apply to income up to a statutory cap; above the cap, the court may continue applying them or consider the children’s actual needs and each parent’s resources. The noncustodial parent also contributes pro rata to the children’s health insurance and unreimbursed medical costs.

Attorney Fees

Contested divorces are expensive. Costs regularly run from tens of thousands of dollars into six figures when complex assets or custody battles are in play. Domestic Relations Law § 237 addresses this directly: there is a rebuttable presumption that the spouse with less money is entitled to have the wealthier spouse contribute to attorney fees and expert costs.¹¹

The court can order fee contributions at any point, including temporarily at the preliminary conference so the lower-earning spouse has real representation from the start. Both spouses and their attorneys must file affidavits detailing the retainer amount, hourly rate, and amounts paid or owed. If a spouse willfully refuses to comply with a support or maintenance order, the court must order that spouse to pay the other side’s attorney fees for the enforcement proceeding.¹¹ The provision exists to stop a wealthier spouse from using litigation cost as a weapon.

How Long a MAT-Contested Case Takes

Most contested divorces in New York take between 12 and 18 months from filing to final judgment. Cases involving complex assets, custody disputes, or an uncooperative spouse frequently take longer. The court rules aim to wrap discovery within six months of the preliminary conference in straightforward cases, but extensions are common.⁷ After discovery closes, the case still needs to be tried or settled, and the final judgment must resolve every contested issue before it can be entered.

Throughout that period, the automatic orders stay in effect and the court can issue temporary orders for support, custody, and exclusive use of the marital home. Those temporary orders often create strong settlement pressure, since both spouses get a preview of what the judge considers reasonable. A significant number of MAT-contested cases do settle before trial, often after the preliminary conference has narrowed the issues enough that both sides can see where they stand.

1
New York Courts. What Is the Difference Between a Contested and an Uncontested Divorce
2
New York State Senate. Domestic Relations Law 170 – Action for Divorce
3
New York State Senate. New York Domestic Relations Law 236 – Special Controlling Provisions
4
New York Courts. New York State Filing Fees
5
New York Courts. How Legal Papers Are Delivered (Service)
6
New York Courts. What Are the Fees for an Index Number, RJI and/or a Motion
7
Legal Information Institute. New York Code 22 NYCRR 202.16 – Matrimonial Actions
8
New York State Unified Court System. Statement of Net Worth
9
New York State Senate. New York Domestic Relations Law Section 236 – Special Controlling Provisions
10
New York State Senate. New York Domestic Relations Law 240 – Custody and Child Support
11
New York State Senate. New York Domestic Relations Law 237 – Counsel Fees and Expenses