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

                                  2970

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 9, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

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
EFFECT DURING THE PENDENCY OF THE ACTION, UNLESS TERMINATED, MODIFIED OR
AMENDED  BY  FURTHER  ORDER  OF  THE  COURT UPON MOTION OF EITHER OF THE

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

S. 2970                             2

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.