NEW YORK, NY - Bigamy remains a serious felony offense under New York law, carrying both criminal penalties and significant civil consequences for a marriage's validity. Manhattan family law attorney Ryan Besinque of The Law Office of Ryan Besinque (https://www.besinquelaw.com/what-is-bigamy/) outlines how the state defines bigamy, the penalties involved, available defenses, and how the discovery of a prior undissolved marriage affects divorce and annulment proceedings.
According to Manhattan family law attorney Ryan Besinque, New York Penal Law § 255.15 provides that a person is guilty of bigamy when they contract or attempt to contract a marriage while they have a living spouse, or while the other person has a living spouse. The offense is classified as a Class E felony, and New York's sentencing law permits a sentence of up to four years in state prison. "The statute treats bigamy as complete at the moment of the ceremony, which means it is not considered an ongoing crime," Besinque explains.
Manhattan family law attorney Ryan Besinque notes that related offenses include Penal Law § 255.10, which makes it a Class A misdemeanor to unlawfully procure a marriage license while having a living spouse, and Penal Law § 255.00, which addresses unlawfully solemnizing a marriage. Both misdemeanors carry up to one year in jail. A conviction for any of these offenses can affect employment, professional licensing, immigration status, and housing applications.
Besinque points out that the statute of limitations for bigamy is five years under Criminal Procedure Law § 30.10, measured from the date of the bigamous ceremony. "Once that five-year window closes, criminal prosecution is no longer available," he notes. "However, civil remedies, such as an action to declare the marriage void, remain available regardless of how much time has passed."
Attorney Besinque emphasizes that bigamy differs legally from polygamy, which refers more broadly to the practice of having multiple spouses simultaneously. New York recognizes only one valid marriage at a time, and a marriage is void if contracted by a person whose spouse from a former marriage is still living, unless a statutory exception applies. The New York City Clerk's Office requires applicants to confirm they are not currently married when applying for a license, and providing false information is itself a criminal offense.
New York Penal Law § 255.20 provides an affirmative defense where the defendant reasonably believed both parties were unmarried at the time of the marriage. The firm notes that this defense may apply where a person genuinely believed a prior divorce had been finalized, though the burden falls on the defendant to show that the belief was objectively reasonable. Challenges to the validity of the first marriage, such as fraud or lack of capacity, may also serve as a defense, as may documentation errors in marriage or divorce records.
Besinque explains that a bigamous marriage is considered void from the start under New York Domestic Relations Law, though a formal declaration of nullity, or annulment, is still required to officially recognize it as void. Under Domestic Relations Law § 140(a), an action to declare the nullity of a void marriage on the ground that a former spouse was living may be brought by either party during the lifetime of the other. "Unlike a standard divorce, a bigamy-based annulment seeks a judgment that the marriage was never legally valid," he observes.
The firm notes that financial consequences can be significant. Because the marriage is void, traditional equitable distribution rules may not apply in the same way they would in a divorce. Courts still retain discretion to address fairness concerns, particularly when one party was deceived and made financial contributions during the relationship. Custody and support for any children are determined based on the best interests of the child, regardless of the marriage's validity.
Bigamy is often detected through routine processes such as marriage license applications, tax filings, insurance updates, or background checks. The Manhattan District Attorney's Office handles criminal bigamy cases filed in New York County, with investigators gathering marriage certificates and divorce records through the New York City Clerk's Office and state vital records agencies.
For those who discover a spouse's prior undissolved marriage or who face accusations of bigamy, consulting a family law attorney early can help clarify available civil and criminal options, preserve important documentation, and coordinate strategy across related divorce, custody, and immigration issues.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is a Manhattan-based firm dedicated to family law, representing clients in divorce, custody, support, and marital agreement matters throughout New York City. Led by attorney Ryan Besinque, the firm serves clients in Manhattan, Brooklyn, the Bronx, Queens, and neighboring Westchester and Nassau counties. For consultations, call (929) 251-4477.
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