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S4533Senate2009-2010 SessionSame asA7570

Includes the loss of health insurance coverage in the determination of maintenance and the equitable distribution of marital property

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

Bill progress

Signed via A7570

What's happening

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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 A7570
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.361
  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.

A7570Assembly

Includes the loss of health insurance coverage in the determination of maintenance and the equitable distribution of marital property

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 maintenance and equitable distribution of marital property

Purpose of bill

This bill adds loss of health insurance upon dissolution of marriage as a factor to be considered in awarding maintenance and in determining the equitable disposition of marital property.

Summary of provisions of bill

Subparagraphs 5, 6, 7, 8, 9, 10, 11, 12, 13, of paragraph d of subdivision 5 of part B of section 236 of the domestic relations law, are renumbered 6, 7, 8, 9, 10, 11, 12, 13, and 14, and a new subparagraph 5 is added to provide that the loss of health insurance benefits shall be a factor to be considered by the court in an award of property distribution.

Subparagraph 11 of paragraph a of subdivision 6 of part B of section 236 of the domestic relations law is renumbered subparagraph 12 and a new subparagraph 11 is added to provide that the loss of health insurance benefits shall be a factor to be considered by the judge in an award of maintenance.

Justification

The Equitable Distribution and Maintenance factors have not been updated much since their introduction close to 30 years ago. While loss of health insurance was not one of the factors added at the time, in light of the health care crisis and rising costs of access to health insurance, loss of health insurance is a critical factor that should be considered by courts in making determinations relating to equitable distribution and maintenance. The impact of a divorce can be challenging for families and the added loss of health insurance can be financially devastating. The proposal in this bill, to add loss of health insurance as a factor to be considered for equitable distribution and maintenance determinations, is essential to address the realities of our current times. This legislation is intended to promote the health, safety and financial stability of the parties post divorce.

Legislative history

New bill, 2009.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law and shall apply to any action or proceeding commenced on or after such effective date.

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