S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2970

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                     March 9, 2009
                                      ___________

       Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary

       AN ACT to amend the domestic relations law, in relation to  establishing
         automatic orders in matrimonial actions

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivision 2 of part B of  section  236  of  the  domestic
    2  relations  law,  as added by chapter 281 of the laws of 1980, is amended
    3  to read as follows:
    4    2. Matrimonial actions. A. Except as provided in subdivision  five  of
    5  this  part,  the  provisions of this part shall be applicable to actions
    6  for an annulment or dissolution of a marriage,  for  a  divorce,  for  a
    7  separation,  for  a declaration of the nullity of a void marriage, for a
    8  declaration of the validity or nullity of a foreign judgment of divorce,
    9  for a declaration of the validity or  nullity  of  a  marriage,  and  to
   10  proceedings  to obtain maintenance or a distribution of marital property
   11  following a foreign judgment of divorce,  commenced  on  and  after  the
   12  effective  date of this part. Any application which seeks a modification
   13  of a judgment, order or decree made in an action commenced prior to  the
   14  effective  date of this part shall be heard and determined in accordance
   15  with the provisions of part A of this section.
   16    B. WITH RESPECT TO MATRIMONIAL ACTIONS WHICH COMMENCE ON OR AFTER  THE
   17  EFFECTIVE DATE OF THIS PARAGRAPH, THE PLAINTIFF SHALL CAUSE TO BE SERVED
   18  UPON THE DEFENDANT, SIMULTANEOUS WITH THE SERVICE OF THE SUMMONS, A COPY
   19  OF  THE  AUTOMATIC  ORDERS  SET FORTH IN THIS PARAGRAPH.   THE AUTOMATIC
   20  ORDERS SHALL BE BINDING UPON THE PLAINTIFF IN A MATRIMONIAL ACTION IMME-
   21  DIATELY UPON THE FILING OF THE SUMMONS, OR SUMMONS  AND  COMPLAINT,  AND
   22  UPON  THE DEFENDANT IMMEDIATELY UPON THE SERVICE OF THE AUTOMATIC ORDERS
   23  WITH THE SUMMONS. THE AUTOMATIC ORDERS SHALL REMAIN IN  FULL  FORCE  AND
   24  EFFECT DURING THE PENDENCY OF THE ACTION, UNLESS TERMINATED, MODIFIED OR
   25  AMENDED  BY  FURTHER  ORDER  OF  THE  COURT UPON MOTION OF EITHER OF THE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01553-01-9
       S. 2970                             2

    1  PARTIES OR UPON WRITTEN AGREEMENT BETWEEN THE PARTIES DULY EXECUTED  AND
    2  ACKNOWLEDGED. THE AUTOMATIC ORDERS ARE AS FOLLOWS:
    3    (1)  NEITHER  PARTY  SHALL  SELL, TRANSFER, ENCUMBER, CONCEAL, ASSIGN,
    4  REMOVE OR IN ANY WAY DISPOSE OF, WITHOUT THE CONSENT OF THE OTHER  PARTY
    5  IN  WRITING,  OR BY ORDER OF THE COURT, ANY PROPERTY (INCLUDING, BUT NOT
    6  LIMITED TO, REAL ESTATE, PERSONAL PROPERTY, CASH ACCOUNTS, STOCKS, MUTU-
    7  AL FUNDS, BANK ACCOUNTS, CARS AND BOATS) INDIVIDUALLY OR JOINTLY HELD BY
    8  THE PARTIES, EXCEPT IN THE USUAL COURSE OF BUSINESS, FOR  CUSTOMARY  AND
    9  USUAL HOUSEHOLD EXPENSES OR FOR REASONABLE ATTORNEY'S FEES IN CONNECTION
   10  WITH THIS ACTION.
   11    (2)  NEITHER  PARTY SHALL TRANSFER, ENCUMBER, ASSIGN, REMOVE, WITHDRAW
   12  OR IN ANY WAY DISPOSE OF ANY TAX DEFERRED FUNDS, STOCKS OR OTHER  ASSETS
   13  HELD  IN ANY INDIVIDUAL RETIREMENT ACCOUNTS, 401K ACCOUNTS, PROFIT SHAR-
   14  ING PLANS, KEOUGH ACCOUNTS, OR ANY OTHER PENSION OR RETIREMENT  ACCOUNT,
   15  AND  THE  PARTIES  SHALL FURTHER REFRAIN FROM APPLYING FOR OR REQUESTING
   16  THE PAYMENT OF RETIREMENT BENEFITS OR  ANNUITY  PAYMENTS  OF  ANY  KIND,
   17  WITHOUT THE CONSENT OF THE OTHER PARTY IN WRITING, OR UPON FURTHER ORDER
   18  OF THE COURT.
   19    (3) NEITHER PARTY SHALL INCUR UNREASONABLE DEBTS HEREAFTER, INCLUDING,
   20  BUT  NOT LIMITED TO FURTHER BORROWING AGAINST ANY CREDIT LINE SECURED BY
   21  THE FAMILY RESIDENCE, FURTHER ENCUMBRANCING ANY ASSETS, OR  UNREASONABLY
   22  USING  CREDIT CARDS OR CASH ADVANCES AGAINST CREDIT CARDS, EXCEPT IN THE
   23  USUAL COURSE OF BUSINESS OR FOR CUSTOMARY OR USUAL  HOUSEHOLD  EXPENSES,
   24  OR FOR REASONABLE ATTORNEY'S FEES IN CONNECTION WITH THIS ACTION.
   25    (4)  NEITHER  PARTY SHALL CAUSE THE OTHER PARTY OR THE CHILDREN OF THE
   26  MARRIAGE TO BE REMOVED FROM ANY EXISTING MEDICAL,  HOSPITAL  AND  DENTAL
   27  INSURANCE  COVERAGE, AND EACH PARTY SHALL MAINTAIN THE EXISTING MEDICAL,
   28  HOSPITAL AND DENTAL INSURANCE COVERAGE IN FULL FORCE AND EFFECT.
   29    (5) NEITHER PARTY SHALL CHANGE THE BENEFICIARIES OF ANY EXISTING  LIFE
   30  INSURANCE  POLICIES,  AND  EACH  PARTY  SHALL MAINTAIN THE EXISTING LIFE
   31  INSURANCE, AUTOMOBILE INSURANCE, HOMEOWNERS AND RENTERS INSURANCE  POLI-
   32  CIES IN FULL FORCE AND EFFECT.
   33    S  2.  This  act  shall take effect on the first of the calendar month
   34  next succeeding the sixtieth day after it shall have become a law.