S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2574

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2009
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  -- Multi-Sponsored by -- M. of A.
  CYMBROWITZ, DESTITO, GLICK,  JOHN,  McENENY,  NOLAN,  PAULIN,  REILLY,
  SEMINERIO, TITUS -- read once and referred to the Committee on Judici-
  ary

AN  ACT to amend the domestic relations law, in relation to establishing
  automatic orders in matrimonial actions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  part B of section 236 of the domestic
relations law, as added by chapter 281 of the laws of 1980,  is  amended
to read as follows:
  2.  Matrimonial  actions. A. Except as provided in subdivision five of
this part, the provisions of this part shall be  applicable  to  actions
for  an  annulment  or  dissolution  of a marriage, for a divorce, for a
separation, for a declaration of the nullity of a void marriage,  for  a
declaration of the validity or nullity of a foreign judgment of divorce,
for  a  declaration  of  the  validity  or nullity of a marriage, and to
proceedings to obtain maintenance or a distribution of marital  property
following  a  foreign  judgment  of  divorce, commenced on and after the
effective date of this part. Any application which seeks a  modification
of  a judgment, order or decree made in an action commenced prior to the
effective date of this part shall be heard and determined in  accordance
with the provisions of part A of this section.
  B.  WITH RESPECT TO MATRIMONIAL ACTIONS WHICH COMMENCE ON OR AFTER THE
EFFECTIVE DATE OF THIS PARAGRAPH, THE PLAINTIFF SHALL CAUSE TO BE SERVED
UPON THE DEFENDANT, SIMULTANEOUS WITH THE SERVICE OF THE SUMMONS, A COPY
OF THE AUTOMATIC ORDERS SET FORTH IN  THIS  PARAGRAPH.    THE  AUTOMATIC
ORDERS SHALL BE BINDING UPON THE PLAINTIFF IN A MATRIMONIAL ACTION IMME-
DIATELY  UPON  THE  FILING OF THE SUMMONS, OR SUMMONS AND COMPLAINT, AND
UPON THE DEFENDANT IMMEDIATELY UPON THE SERVICE OF THE AUTOMATIC  ORDERS
WITH  THE  SUMMONS.  THE AUTOMATIC ORDERS SHALL REMAIN IN FULL FORCE AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01553-01-9
              

A. 2574                             2

EFFECT DURING THE PENDENCY OF THE ACTION, UNLESS TERMINATED, MODIFIED OR
AMENDED BY FURTHER ORDER OF THE COURT  UPON  MOTION  OF  EITHER  OF  THE
PARTIES  OR UPON WRITTEN AGREEMENT BETWEEN THE PARTIES DULY EXECUTED AND
ACKNOWLEDGED. THE AUTOMATIC ORDERS ARE AS FOLLOWS:
  (1)  NEITHER  PARTY  SHALL  SELL, TRANSFER, ENCUMBER, CONCEAL, ASSIGN,
REMOVE OR IN ANY WAY DISPOSE OF, WITHOUT THE CONSENT OF THE OTHER  PARTY
IN  WRITING,  OR BY ORDER OF THE COURT, ANY PROPERTY (INCLUDING, BUT NOT
LIMITED TO, REAL ESTATE, PERSONAL PROPERTY, CASH ACCOUNTS, STOCKS, MUTU-
AL FUNDS, BANK ACCOUNTS, CARS AND BOATS) INDIVIDUALLY OR JOINTLY HELD BY
THE PARTIES, EXCEPT IN THE USUAL COURSE OF BUSINESS, FOR  CUSTOMARY  AND
USUAL HOUSEHOLD EXPENSES OR FOR REASONABLE ATTORNEY'S FEES IN CONNECTION
WITH THIS ACTION.
  (2)  NEITHER  PARTY SHALL TRANSFER, ENCUMBER, ASSIGN, REMOVE, WITHDRAW
OR IN ANY WAY DISPOSE OF ANY TAX DEFERRED FUNDS, STOCKS OR OTHER  ASSETS
HELD  IN ANY INDIVIDUAL RETIREMENT ACCOUNTS, 401K ACCOUNTS, PROFIT SHAR-
ING PLANS, KEOUGH ACCOUNTS, OR ANY OTHER PENSION OR RETIREMENT  ACCOUNT,
AND  THE  PARTIES  SHALL FURTHER REFRAIN FROM APPLYING FOR OR REQUESTING
THE PAYMENT OF RETIREMENT BENEFITS OR  ANNUITY  PAYMENTS  OF  ANY  KIND,
WITHOUT THE CONSENT OF THE OTHER PARTY IN WRITING, OR UPON FURTHER ORDER
OF THE COURT.
  (3) NEITHER PARTY SHALL INCUR UNREASONABLE DEBTS HEREAFTER, INCLUDING,
BUT  NOT LIMITED TO FURTHER BORROWING AGAINST ANY CREDIT LINE SECURED BY
THE FAMILY RESIDENCE, FURTHER ENCUMBRANCING ANY ASSETS, OR  UNREASONABLY
USING  CREDIT CARDS OR CASH ADVANCES AGAINST CREDIT CARDS, EXCEPT IN THE
USUAL COURSE OF BUSINESS OR FOR CUSTOMARY OR USUAL  HOUSEHOLD  EXPENSES,
OR FOR REASONABLE ATTORNEY'S FEES IN CONNECTION WITH THIS ACTION.
  (4)  NEITHER  PARTY SHALL CAUSE THE OTHER PARTY OR THE CHILDREN OF THE
MARRIAGE TO BE REMOVED FROM ANY EXISTING MEDICAL,  HOSPITAL  AND  DENTAL
INSURANCE  COVERAGE, AND EACH PARTY SHALL MAINTAIN THE EXISTING MEDICAL,
HOSPITAL AND DENTAL INSURANCE COVERAGE IN FULL FORCE AND EFFECT.
  (5) NEITHER PARTY SHALL CHANGE THE BENEFICIARIES OF ANY EXISTING  LIFE
INSURANCE  POLICIES,  AND  EACH  PARTY  SHALL MAINTAIN THE EXISTING LIFE
INSURANCE, AUTOMOBILE INSURANCE, HOMEOWNERS AND RENTERS INSURANCE  POLI-
CIES IN FULL FORCE AND EFFECT.
  S  2.  This  act  shall take effect on the first of the calendar month
next succeeding the sixtieth day after it shall have become a law.