2023 New York Laws › DOM - Domestic Relations › Article 11 - Action for Separation › 200 - Action for Separation.

§ 200. Action for separation. An action may be maintained by a husband
  or  wife  against  the other party to the marriage to procure a judgment
  separating the parties from bed and board, forever,  or  for  a  limited
  time, for any of the following causes:
1.  The  cruel and inhuman treatment of the plaintiff by the defendant
  such that the conduct of the defendant  so  endangers  the  physical  or
  mental  well being of the plaintiff as renders it unsafe or improper for
  the plaintiff to cohabit with the defendant.
2. The abandonment of the plaintiff by the defendant.
3. The neglect or refusal of the defendant-spouse to provide  for  the
  support of the plaintiff-spouse where the defendant-spouse is chargeable
  with  such  support  under  the provisions of section thirty-two of this
  chapter or of section four hundred twelve of the family court act.
* 4. The commission of an act of adultery  by  the  defendant;  except
  where  such  offense  is  committed  by  the  procurement  or  with  the
  connivance of the plaintiff or where there is voluntary cohabitation  of
  the  parties  with  the knowledge of the offense or where action was not
  commenced within five years after the discovery by the plaintiff of  the
  offense  charged or where the plaintiff has also been guilty of adultery
  under such circumstances that the defendant would have been entitled, if
  innocent, to a divorce, provided that adultery for the purposes of  this
  subdivision  is  hereby  defined  as  the commission of an act of sexual
  intercourse, oral sexual conduct or  anal  sexual  conduct,  voluntarily
  performed by the defendant, with a person other than the plaintiff after
  the  marriage  of  plaintiff and defendant. Oral sexual conduct and anal
  sexual conduct include, but  are  not  limited  to,  sexual  conduct  as
  defined  in  subdivision  two of section 130.00 and subdivision three of
  section 130.20 of the penal law.
* NB Effective until September 1, 2024
* 4. The commission of an act of adultery  by  the  defendant;  except
  where  such  offense  is  committed  by  the  procurement  or  with  the
  connivance of the plaintiff or where there is voluntary cohabitation  of
  the  parties  with  the knowledge of the offense or where action was not
  commenced within five years after the discovery by the plaintiff of  the
  offense  charged or where the plaintiff has also been guilty of adultery
  under such circumstances that the defendant would have been entitled, if
  innocent, to a divorce, provided that adultery for the purposes of  this
  subdivision  is  hereby  defined  as the commission of an act of vaginal
  sexual contact, oral sexual contact or anal sexual contact,  voluntarily
  performed by the defendant, with a person other than the plaintiff after
  the  marriage  of  plaintiff and defendant. Oral sexual contact and anal
  sexual contact include, but  are  not  limited  to,  sexual  conduct  as
  defined  in  subdivision  two  of section 130.00 and subdivision four of
  section 130.20 of the penal law.
* NB Effective September 1, 2024
5. The confinement of the defendant in prison for a period of three or
  more consecutive years after the marriage of plaintiff and defendant.