New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A02574 Summary:

A02574 Actions:

A02574 Floor Votes:

A02574 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2574
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2009
                                       ___________
 
        Introduced  by  M.  of  A.  WEINSTEIN  -- Multi-Sponsored by -- M. of A.
          CYMBROWITZ, DESTITO, GLICK,  JOHN,  McENENY,  NOLAN,  PAULIN,  REILLY,
          SEMINERIO, TITUS -- read once and referred to the Committee on Judici-
          ary
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01553-01-9
        A. 2574                             2
 
     1  effect during the pendency of the action, unless terminated, modified or
     2  amended by further order of the court  upon  motion  of  either  of  the
     3  parties  or upon written agreement between the parties duly executed and
     4  acknowledged. The automatic orders are as follows:
     5    (1)  Neither  party  shall  sell, transfer, encumber, conceal, assign,
     6  remove or in any way dispose of, without the consent of the other  party

     7  in  writing,  or by order of the court, any property (including, but not
     8  limited to, real estate, personal property, cash accounts, stocks, mutu-
     9  al funds, bank accounts, cars and boats) individually or jointly held by
    10  the parties, except in the usual course of business, for  customary  and
    11  usual household expenses or for reasonable attorney's fees in connection
    12  with this action.
    13    (2)  Neither  party shall transfer, encumber, assign, remove, withdraw
    14  or in any way dispose of any tax deferred funds, stocks or other  assets
    15  held  in any individual retirement accounts, 401K accounts, profit shar-
    16  ing plans, Keough accounts, or any other pension or retirement  account,
    17  and  the  parties  shall further refrain from applying for or requesting

    18  the payment of retirement benefits or  annuity  payments  of  any  kind,
    19  without the consent of the other party in writing, or upon further order
    20  of the court.
    21    (3) Neither party shall incur unreasonable debts hereafter, including,
    22  but  not limited to further borrowing against any credit line secured by
    23  the family residence, further encumbrancing any assets, or  unreasonably
    24  using  credit cards or cash advances against credit cards, except in the
    25  usual course of business or for customary or usual  household  expenses,
    26  or for reasonable attorney's fees in connection with this action.
    27    (4)  Neither  party shall cause the other party or the children of the
    28  marriage to be removed from any existing medical,  hospital  and  dental

    29  insurance  coverage, and each party shall maintain the existing medical,
    30  hospital and dental insurance coverage in full force and effect.
    31    (5) Neither party shall change the beneficiaries of any existing  life
    32  insurance  policies,  and  each  party  shall maintain the existing life
    33  insurance, automobile insurance, homeowners and renters insurance  poli-
    34  cies in full force and effect.
    35    §  2.  This  act  shall take effect on the first of the calendar month
    36  next succeeding the sixtieth day after it shall have become a law.