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S2970Senate2009-2010 SessionSame asA2574

Establishes automatic orders in matrimonial actions

Sponsor John L. SampsonSD-19Affects Legal
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A2574

What's happening

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Why it matters

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Who cares

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Sponsors

Primary sponsor
John L. Sampson

Senator · Senate District 19

No co-sponsors yet.

History

  1. Substituted by A2574
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.184
  5. 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.

A2574Assembly

Establishes automatic orders in matrimonial actions

Signed by Governor · Sponsor Helene Weinstein

Signed into law

Full text

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

Sponsor's memo

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 automatic 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 policies.

Justification

The adoption of automatic orders at the very commencement 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 prohibitions 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 Silbermann, Statewide Administrative Judge for Matrimonial Matters.

Legislative history

New Bill.

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.