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Senate Bill S5667B

2009-2010 Legislative Session

Enacts the "Divorce Reform Act of 2010"

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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Bill Amendments

2009-S5667 - Details

Current Committee:
Senate Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§236, 170, 237 & 238, Dom Rel L; amd §438, Fam Ct Act

2009-S5667 - Summary

Enacts "The Divorce Reform Act of 2010"; provides that maintenance may be required to be paid either permanently or for a fixed period of time; provides that the failure to state in an agreement between the parties or in a court order that the remarriage of the recipient of maintenance shall cause the termination of such maintenance, shall not bar the termination thereof; makes the post-divorce standards of living of the parties and the loss of health insurance benefits factors in determining the disposition of property

2009-S5667 - Sponsor Memo

2009-S5667 - Bill Text download pdf

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

                                  5667

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 27, 2009
                               ___________

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

AN ACT to amend the domestic relations law and the family court act,  in
  relation to enacting the "Divorce Reform Act of 2009"

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Divorce Reform Act of 2009".
  S  2.  Paragraph  a  of  subdivision 1 of part B of section 236 of the
domestic relations law, as amended by chapter 884 of the laws  of  1986,
is amended to read as follows:
  a.  The term "maintenance" shall mean payments provided for in a valid
agreement between the parties or awarded by the court in accordance with
the provisions of subdivision six of this part,  to  be  paid  at  fixed
intervals  [for  a  definite  or indefinite] EITHER PERMANENTLY OR FOR A
FIXED period of time, but an award of maintenance shall  terminate  upon
the  death  of  either  party  or  upon the recipient's valid or invalid
marriage, or upon modification pursuant to paragraph [(b)] B of subdivi-
sion nine of [section two hundred thirty-six of] this  part  or  section
two  hundred  forty-eight of this chapter. FAILURE TO STATE IN AN AGREE-
MENT BETWEEN THE PARTIES, OR IN A  COURT  ORDER,  THAT  THE  RECIPIENT'S
RE-MARRIAGE  SHALL  TERMINATE AN AWARD OF MAINTENANCE, SHALL NOT PREVENT
THE TERMINATION OF SUCH MAINTENANCE.
  S 3. Subparagraph 2 of paragraph d of  subdivision  5  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) the duration of the marriage  and  the  age  and  health  of  both
parties AND THE POST-DIVORCE STANDARDS OF LIVING OF THE PARTIES;
  S  4. Subparagraphs 5, 6, 7, 8, 9, 10, 11, 12 and 13 of paragraph d of
subdivision 5 of part B of section 236 of the  domestic  relations  law,
subparagraph  13  as  renumbered by chapter 884 of the laws of 1986, are

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01545-05-9
              

2009-S5667A - Details

Current Committee:
Senate Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§236, 170, 237 & 238, Dom Rel L; amd §438, Fam Ct Act

2009-S5667A - Summary

Enacts "The Divorce Reform Act of 2010"; provides that maintenance may be required to be paid either permanently or for a fixed period of time; provides that the failure to state in an agreement between the parties or in a court order that the remarriage of the recipient of maintenance shall cause the termination of such maintenance, shall not bar the termination thereof; makes the post-divorce standards of living of the parties and the loss of health insurance benefits factors in determining the disposition of property

2009-S5667A - Sponsor Memo

2009-S5667A - Bill Text download pdf

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

                                 5667--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 27, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary  --  recom-
  mitted to the Committee on Judiciary in accordance with Senate Rule 6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the domestic relations law and the family court act,  in
  relation to enacting the "Divorce Reform Act of 2010"

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Divorce Reform Act of 2010".
  S  2.  Paragraph  a  of  subdivision 1 of part B of section 236 of the
domestic relations law, as amended by chapter 884 of the laws  of  1986,
is amended to read as follows:
  a.  The term "maintenance" shall mean payments provided for in a valid
agreement between the parties or awarded by the court in accordance with
the provisions of subdivision six of this part,  to  be  paid  at  fixed
intervals  [for  a  definite  or indefinite] EITHER PERMANENTLY OR FOR A
FIXED period of time, but an award of maintenance shall  terminate  upon
the  death  of  either  party  or  upon the recipient's valid or invalid
marriage, or upon modification pursuant to paragraph [(b)] B of subdivi-
sion nine of [section two hundred thirty-six of] this  part  or  section
two  hundred  forty-eight of this [chapter] ARTICLE. FAILURE TO STATE IN
AN AGREEMENT BETWEEN THE PARTIES, OR IN A COURT ORDER, THAT THE  RECIPI-
ENT'S  RE-MARRIAGE  SHALL  TERMINATE  AN AWARD OF MAINTENANCE, SHALL NOT
PREVENT THE TERMINATION OF SUCH MAINTENANCE.
  S 3. Subparagraph 2 of paragraph d of  subdivision  5  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) the duration of the marriage  and  the  age  and  health  of  both
parties AND THE POST-DIVORCE STANDARDS OF LIVING OF THE PARTIES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01545-09-0
              

2009-S5667B (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§236, 170, 237 & 238, Dom Rel L; amd §438, Fam Ct Act

2009-S5667B (ACTIVE) - Summary

Enacts "The Divorce Reform Act of 2010"; provides that maintenance may be required to be paid either permanently or for a fixed period of time; provides that the failure to state in an agreement between the parties or in a court order that the remarriage of the recipient of maintenance shall cause the termination of such maintenance, shall not bar the termination thereof; makes the post-divorce standards of living of the parties and the loss of health insurance benefits factors in determining the disposition of property

2009-S5667B (ACTIVE) - Sponsor Memo

2009-S5667B (ACTIVE) - Bill Text download pdf

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

                                 5667--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 27, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary  --  recom-
  mitted to the Committee on Judiciary in accordance with Senate Rule 6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the domestic relations law and the family court act,  in
  relation to enacting the "Divorce Reform Act of 2010"

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Divorce Reform Act of 2010".
  S  2.  Paragraph  a  of  subdivision 1 of part B of section 236 of the
domestic relations law, as amended by chapter 884 of the laws  of  1986,
is amended to read as follows:
  a.  The term "maintenance" shall mean payments provided for in a valid
agreement between the parties or awarded by the court in accordance with
the provisions of subdivision six of this part,  to  be  paid  at  fixed
intervals  [for  a  definite  or indefinite] EITHER PERMANENTLY OR FOR A
FIXED period of time, but an award of maintenance shall  terminate  upon
the  death  of  either  party  or  upon the recipient's valid or invalid
marriage, or upon modification pursuant to paragraph [(b)] B of subdivi-
sion nine of [section two hundred thirty-six of] this  part  or  section
two  hundred  forty-eight of this [chapter] ARTICLE. FAILURE TO STATE IN
AN AGREEMENT BETWEEN THE PARTIES, OR IN A COURT ORDER, THAT THE  RECIPI-
ENT'S  RE-MARRIAGE  SHALL  TERMINATE  AN AWARD OF MAINTENANCE, SHALL NOT
PREVENT THE TERMINATION OF SUCH MAINTENANCE.
  S 3. Subparagraph 2 of paragraph d of  subdivision  5  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01545-15-0
              

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