What's happening
This bill requires courts to consider acts of domestic violence when deciding how to divide property in divorce cases.
Why it matters
Gives survivors of domestic violence a clearer legal basis to argue for a fairer share of marital property. , potentially offering greater economic security to those leaving abusive relationships.
Signals to courts that domestic violence is not just a criminal or family safety issue, but also a financial justice issue. acknowledging the long-term impact abuse can have on a person’s financial wellbeing after divorce.
May deter abusive behavior by making it clear that acts of domestic violence can have direct financial consequences. in divorce proceedings, adding a new layer of accountability for perpetrators.
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Who cares
Headline styles
Domestic Violence Counts in Divorce
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to judiciary
- Delivered to senate
- Passed assembly
- Amended on third reading 1967a
- Ordered to third reading cal.89
- Substituted by S6050
- Ordered to third reading rules cal.584
- Rules report cal.584
- Reported
- Reported referred to rules
- Reported referred to codes
- 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.
Count Domestic Violence in Divorce
In Senate Committee · Rules · Sponsor Brad Hoylman-Sigal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1967--A Cal. No. 89
2019-2020 Regular Sessions
IN ASSEMBLY
January 18, 2019
Introduced by M. of A. ZEBROWSKI, JAFFEE -- read once and referred to the Committee on Judiciary -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading
AN ACT to amend the domestic relations law, in relation to including acts of domestic violence in the criteria the court shall consider in determining the equitable disposition of property during divorce proceedings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph 14 of paragraph d of subdivision 5 of part B of section 236 of the domestic relations law, as amended by chapter 281 of the laws of 1980 and as renumbered by chapter 229 of the laws of 2009, is amended to read as follows:
(14) whether either party has committed an act or acts of domestic violence, as described in subdivision one of section four hundred fifty-nine-a of the social services law, against the other party and the nature, extent, duration and impact of such act or acts; and
(15) any other factor which the court shall expressly find to be just and proper.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to matrimonial actions commenced on or after such effective date. Nothing in this act shall be deemed to affect the validity of any agreement made pursuant to subdivision 3 of part B of section 236 of the domestic relations law or section 425 of the family court act prior to the effective date of this act. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01567-02-0
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.