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A2574Assembly2009-2010 SessionSame asS2970

Establishes automatic orders in matrimonial actions

Sponsor Helene WeinsteinAD-41Affects Legal
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

Primary sponsor
Helene Weinstein

Assembly Member · Assembly District 41

No co-sponsors yet.

History

  1. Signed chap.72
  2. Delivered to governor
  3. Returned to assembly
  4. Passed senateVote 61–0
  5. 3rd reading cal.184
  6. Substituted for S2970
  7. Referred to judiciary
  8. Delivered to senate
  9. Passed assembly
  10. Advanced to third reading cal.220
  11. Reported
  12. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S2970Senate

Establishes automatic orders in matrimonial actions

Senate Floor Calendar · Sponsor John L. Sampson

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A2574

Title of bill

An act to amend the domestic relations law, in relation to establishing automatic orders in matrimonial actions

Purpose of bill

To prevent a party in a matrimonial action commenced in Supreme Court from dissipating assets in order to deprive his or her spouse of the property to which that spouse may be entitled.

Summary of provisions of bill

Amends domestic relations law § 236 (B) (2) to place upon the plaintiff a duty to serve upon the defendant auto- matic orders which would bind both parties from the commencement of a matrimonial action. The automatic orders would be binding upon the plaintiff upon the commencement of the action and upon the defendant upon service of the Summons or Summons and Complaint. The specific matters covered by the proposed automatic orders include prohibitions against the following: transfers and encumbrances of real and personal property and retirement funds; the accumulation of unreasonable debt; and changes in beneficiaries on existing health and life insurance poli- cies.

Justification

The adoption of automatic orders at the very commence- ment of a matrimonial action is intended to prevent both parties from dissipating assets, incurring unreasonable debts, or removing a party or the children from health or life insurance policies. Making these prohi- bitions automatic upon commencement of the action will also save on legal fees and judicial time. The bill has the support of the OCA Committee on Matrimonial Practice, chaired by Hon. Jacqueline Silber- mann, Statewide Administrative Judge for Matrimonial Matters.

Legislative history

2007-08; A.3128 - Passed Assembly 2005-06; A.8180 - Passed Assembly 2004; A.7521- Assembly Rules Committee 2002; A.7790/S.4408 - Assembly Rules Committee/Judiciary Committee 2001; A.7790/S.4408 - Assembly Rules Committee/Judiciary Committee 2000; A.10889 - Assembly Rules Committee

Fiscal implications for state and local governments

None.

Effective date

The law will take effect on the first of the calendar month next succeeding the sixtieth day after it shall become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.