BILL NUMBER:  S2851A

 TITLE OF BILL :  An act to amend the domestic relations law, in
relation to certain matrimonial actions; and repealing certain
provisions of such law relating thereto

This measure is being introduced at the request of the Judiciary upon
the recommendation of the Deputy Chief Administrative Judge for
Matrimonial Matters.

This measure would repeal section 177 of the Domestic Relations Law,
enacted in 2007 (see L. 2007, c. 412), and replace it with a modified
version, to be codified as new section 255, for the purpose of
facilitating its application and making it easier for both Bench and
Bar to meet its requirements.

Section 177 was enacted to insure that parties in an action for
divorce are made aware of the potential loss of health care coverage
where that coverage has been obtained through their spouse. By its
terms, judges are required formally to notify both parties to a
matrimonial proceeding that, once judgement is entered, they may or
may not be eligible for continued coverage under the ex-spouse's
health insurance plan depending upon the terms of the plan. The
statute also mandates specific language requirements for stipulated
agreements, also intended to insure that the parties thereto are aware
of their implications for their individual health insurance coverage.
              

Even in the first few months of implementation, these blanket
requirements have created difficulties. They have led to delays in the
processing of matrimonial cases; and have potentially complicated the
lives of perhaps thousands of individuals who, after having lived for
many years subject to the terms of a stipulation/separation agreement
relating to their marriage, may now want a divorce{1}. For each of
these individuals, it will be necessary that they find his or her
former spouse and gain his or her agreement to a modification of the
stipulation/settlement so that it complies with section 177 and
therefore can be approved by a judge. Quite apart from the logistical
difficulties attached to this obligation, which for spouses who have
been separated for many years is of questionable or no value, there
will be additional financial consequences associated with
reestablishing their attorney-client relationships to re-execute
stipulations or amend existing ones. Maybe more importantly, the
present statute is generating delays in the processing of divorce
actions - delays that could endanger the safety of litigants where
underlying issues of domestic discontent or violence exist.

This measure is designed to relieve the unanticipated burdens imposed
by section 177 without diminishing its salutary features. It does so
by (i) giving judges greater discretion in insuring the time and
method of notification of health insurance provisions, and (ii)
eliminating section 177's statutorily-prescribed statement for
inclusion in stipulations in favor of a more flexible approach to
maintaining health care provision awareness. In sum, this measure
should guarantee the most efficient processing of divorce actions
while achieving section 177's original objective, viz, to insure an
awareness of the impact of divorce proceedings upon health insurance
coverage, at less cost to and with fewer complications for the divorce
litigants the statute sought to protect.

This measure, which would have no fiscal impact on the State, would
take effect immediately and apply to all actions in which judgment has
not been entered as of such effective date.  2008 Legislative History:
Senate 6899 (Sen. DeFrancisco) (Rules) Assembly 10814 (M. of A.
Bradley) (Passed)


{1} Many stipulations and separation agreements, which previously have
been signed by the parties to them, have not yet been incorporated
into, or made the basis of, a divorce action. Typically, it is when
one of those parties seeks to remarry that a divorce may be sought.