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S6050Senate2019-2020 SessionSame asA1967

Count Domestic Violence in Divorce

Official title

“Includes acts of domestic violence in the criteria the court shall consider in determining the equitable disposition of property during divorce proceedings”

Sponsor Brad Hoylman-SigalSD-27Affects Legal
Status
In Senate Committee
Rules
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill requires courts to consider acts of domestic violence when determining the equitable distribution of property during divorce proceedings.

Why it matters

  1. Prioritizes the impact of abuse on divorce outcomes. By explicitly requiring courts to consider acts of domestic violence, the bill ensures that the harm suffered by a spouse will factor into the division of marital assets, potentially leading to fairer outcomes for survivors.

  2. Shifts focus from just financial contributions to personal safety and well-being. The amendment recognizes that domestic violence can have profound effects on a victim’s ability to contribute to the marriage, earn income, or secure assets, making property division more responsive to lived realities.

  3. May influence negotiations and settlements. The possibility that abusive behavior will affect property settlements could deter abusers from seeking unfair advantages in divorce proceedings and empower victims to negotiate from a stronger position.

  4. Aligns property division with broader social policy against domestic violence. This change sends a clear message that the state does not treat abuse as a private matter but as a significant factor in legal and financial decisions, reinforcing protections for victims.

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Headline styles

Count Domestic Violence in Divorce

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Brad Hoylman-Sigal

Senator · Senate District 27

Chair, Judiciary

No co-sponsors yet.

History

  1. Committed to rules
  2. Amended on third reading 6050a
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.299
  6. Referred to judiciary
  7. Returned to senate
  8. Died in assembly
  9. Ordered to third reading rules cal.584
  10. Substituted for A1967
  11. Referred to codes
  12. Delivered to assembly
Show 4 earlier actions
  1. Passed senateVote 61–1
  2. Ordered to third reading cal.1437
  3. Committee discharged and committed to rules
  4. 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.

A1967Assembly

Domestic Violence Counts in Divorce

In Senate Committee · Judiciary · Sponsor Kenneth Zebrowski

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6050--A Cal. No. 299

2019-2020 Regular Sessions

IN SENATE

May 16, 2019

Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in 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.

LBD01567-03-0

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

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

Purpose

This bill would require the courts to consider acts of domestic violence when determining the equitable disposition of property in a divorce proceeding.

Summary of provisions

Section one of this bill amends the section 236 of the domestic relation law, as it relates to requiring that any prior acts of domestic violence are considered when determining equitable distribution of property in divorce proceedings.

Section two relates to the effective date.

Justification

Domestic violence is a scourge in our society. Often times it not only leads to the dissolution of a marriage but has physical, emotional and psychological effects on the victim. Abuse within a marriage must be considered in order to properly adjudicate its dissolution and the financial situation established. This bill would direct a judge to consider abuse when making an equitable distribution decision.

Legislative history

A.11345 of 2017-18

Fiscal implications

None.

Effective date

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.

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