Assembly Bill A6132

2009-2010 Legislative Session

Establishes presumption that marital property be distributed equally except upon sufficient evidence to establish otherwise; repealer

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to judiciary
Feb 25, 2009	referred to judiciary

2009-A6132 (ACTIVE) - Details

Current Committee:: Assembly Judiciary
Law Section:: Domestic Relations Law
Laws Affected:: Rpld & add §236 Part B sub 5 ¶c, amd §236, Dom Rel L

2009-A6132 (ACTIVE) - Summary

Establishes in certain matrimonial actions a presumption that marital property be distributed equally except upon sufficient evidence to establish otherwise based upon consideration of factors in present law and the post-divorce standards of living of the parties, and regardless of who has title or its form; repeals provision of present law requiring equitable rather than equal distribution.

2009-A6132 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A6132                REPLACEMENT 5/21/10

TITLE  OF  BILL:    An  act  to  amend  the domestic relations law, in
relation to distribution of marital property; and to repeal  paragraph
c  of  subdivision  5  of  part  B of section 236 of such law relating
thereto

PURPOSE OF BILL:   To reform New York  divorce  law  by  creating  the
presumption that marital property is to be divided equally.

SUMMARY  OF SPECIFIC PROVISIONS:  Current law gives the court power to
distribute marital property "equitably" and places minimal limitations
on the court's discretion.  This bill amends section 236 B 5  (e)  and
(d)  of the domestic relations law to require that marital property be
distributed equally unless the party presents  evidence  to  establish
that  the  distribution  should  be  other  than equal based on the 13
factors in the present law. The post-divorce standard of living of the
parties is added to the factors to be considered by the court.

JUSTIFICATION:  Increasingly, marriage has come to  be  viewed  as  an
economic  partnership.  As  such,  absent  contrary  agreement  by the
parties, there should be a presumption that property  acquired  during
the  marriage is to be divided equally. The current law which provides
for "equitable" distribution of marital property suffers from  several
significant   deficiencies.  First,  the  statute  gives  very  little
guidance to a judge or, indeed, to the  parties,  as  to  how  marital

property  should  be  divided. As a result cases vary substantially in
the determinations made.

Secondly, since the "equitable distribution law was enacted  in  1980,
experience  has  shown  that  the non-income producing or lower income
producing spouse is often at a significant  disadvantage  in  property
awards.  Without  the statutory requirement of equal distribution, the
courts have continued to regard the wage earning spouse's contribution
as greater than the homemaker's contribution. Little or no  weight  is
given  to  non-economic  contributions,  such  as  the services of the
homemaker, which are difficult to measure. Even where the  spouse  has
made  direct contributions to the family business, she has often fared
no better.

A presumption of equal will give a clear  bench  mark  to  judges  and
parties, and therefore, create more uniformity and greater fairness in
the  distribution of Marital property. There is no bar to the award of
50% to the economically weaker spouse, nor is  there  any  legislative
intention  of  changing  the  frequent  current  practice  of awarding
possession of the marital residence to the custodial parent until  the
children are emancipated.

LEGISLATIVE HISTORY:

2009; A.6132 A.Judiciary
2008; A.3089 - A. Judiciary
2007; A.3089 - A. Calendar
2005-06; A.5942- A. Calendar
2004; A,7867/S.3740- A. Calendar/S, Judiciary
2003; A.7867/S.3740 - A. Calendar/S. Judiciary
2001-02; A.7797/53849- A. Calendar/S. Judiciary


2000; A.36031S,1309 - A. Calendar/S. Judiciary
1999; A.3603/S.1309 - Passed Assembly/S.Judiciary
1998; A.5925 - A. Calendar
1997; A.5925 - Passed Assembly
1995-96; A.2493 - Passed Assembly
1993-94; A.3936 - Passed Assembly
1991-92; Same as A.3894 - Passed Assembly
1989-90; Same as A.2901 - Passed Assembly
1987-88; Same as A.2594-A - Passed Assembly
1985-86; Same as A.175 - Passed Assembly
1979-80; Similar to A.8211-A. Judiciary

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None

EFFECTIVE  DATE:    This  act  shall take effect immediately and shall
apply to any action or proceeding pending on or  commenced  after  the
effective date.

2009-A6132 (ACTIVE) - Bill Text download pdf

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

                                  6132

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2009
                               ___________

Introduced  by  M. of A. WEINSTEIN, GALEF, JACOBS, GREENE -- Multi-Spon-
  sored by -- M. of A.  BRENNAN, GLICK, GOTTFRIED, HIKIND, JOHN,  McENE-
  NY,  ORTIZ,  PAULIN,  RAMOS,  SWEENEY -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the domestic relations law, in relation to  distribution
  of  marital  property;  and  to repeal paragraph c of subdivision 5 of
  part B of section 236 of such law relating thereto

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

  Section  1.    Legislative findings and purpose. The legislature finds
and declares that marriage is a partnership of equals and  the  contrib-
utions  of  each  party,  whether  as  spouse, parent, homemaker or wage
earner, are of equal value.
  The legislature further finds and declares that a spouse who  performs
the  duties  of  a  homemaker  or primary caregiver, whether or not that
spouse is also  a  wage-earner,  frequently  contributes  to  the  other
spouse's  acquisition  of  assets  and  enhanced  earning capacity while
reducing that spouse's own earning  potential  and  ability  to  acquire
assets.
  The  legislature further finds and declares that appropriate awards of
spousal support and property are the means by which to assure  the  fair
apportionment  of  personal economic gains and losses resulting from the
marriage.
  The legislature intends that awards of spousal  support  and  property
shall  be  made in such amounts as necessary to assure that the economic
benefits and burdens of  the  marital  partnership  are  shared  equally
between  both spouses, with the aim of eliminating, insofar as possible,
disparities in the standards of living of the two spouses upon divorce.
  S 2. Paragraph c of subdivision 5 of part B of section  236    of  the
domestic  relations  law  is  REPEALED and a new paragraph c is added to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01555-03-9

A. 6132                             2

  C. THERE SHALL BE A PRESUMPTION THAT THE  MARITAL  PROPERTY  SHALL  BE
DISTRIBUTED  EQUALLY  UNLESS  A  PARTY  PRESENTS  SUFFICIENT EVIDENCE TO
ESTABLISH THAT THE DISTRIBUTION SHALL BE OTHER THAN  EQUAL,  BASED  UPON
CONSIDERATION  OF  THE FACTORS SET FORTH IN PARAGRAPH D OF THIS SUBDIVI-
SION  AND  REGARDLESS  OF  THE PERSON WHO HAS TITLE OR THE FORM IN WHICH
TITLE IS HELD.
  S 3. 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,
subparagraphs 10, 11 and 12 as added and subparagraph 13  as  renumbered
by chapter 884 of the laws of 1986, is amended to read as follows:
  d. In determining [an equitable] A disposition of property under para-
graph c, the court shall consider:
  (1) the income and property of each party at the time of marriage, and
at the time of the commencement of the action;
  (2)  the  duration  of  the  marriage  and  the age and health of both
parties AND THE POST-DIVORCE STANDARDS OF LIVING OF THE PARTIES;
  (3) the need of a custodial parent to occupy or own the marital  resi-
dence and to use or own its household effects;
  (4) the loss of inheritance and pension rights upon dissolution of the
marriage as of the date of dissolution;
  (5) any award of maintenance under subdivision six of this part;
  (6)  any  equitable  claim  to,  interest  in,  or  direct or indirect
contribution made to the acquisition of such  marital  property  by  the
party  not  having  title,  including  joint efforts or expenditures and
contributions and services as a spouse, parent, wage earner and homemak-
er, and to the career or career potential of the other party;
  (7) the liquid or non-liquid character of all marital property;
  (8) the probable future financial circumstances of each party;
  (9) the impossibility or difficulty of evaluating any component  asset
or  any  interest  in  a  business,  corporation  or profession, and the
economic desirability of retaining such asset  or  interest  intact  and
free from any claim or interference by the other party;
  (10) the tax consequences to each party;
  (11) the wasteful dissipation of assets by either spouse;
  (12) any transfer or encumbrance made in contemplation of a matrimoni-
al action without fair consideration;
  (13)  any other factor which the court shall expressly find to be just
and proper.
  S 4. Paragraph e 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:
  e. In any action in which the court [shall determine] DETERMINES  that
[an  equitable]  distribution  [is  appropriate but would be] OF MARITAL
PROPERTY IS impractical or burdensome or where the  distribution  of  an
interest in a business, corporation or profession [would be] IS contrary
to  law, the court in lieu of such [equitable] distribution shall make a
distributive award [in order to achieve equity between the  parties]  IN
ACCORDANCE  WITH  PARAGRAPH  C  OF THIS SUBDIVISION.   The court, in its
discretion, also may make a distributive award to supplement, facilitate
or effectuate a distribution of marital property.
  S 5. This act shall take effect immediately and  shall  apply  to  all
actions and proceedings commenced on or after such effective date.

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Assembly Bill A6132

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Archive: Last Bill Status - In Assembly Committee

Actions

2009-A6132 (ACTIVE) - Details

2009-A6132 (ACTIVE) - Summary

2009-A6132 (ACTIVE) - Sponsor Memo

2009-A6132 (ACTIVE) - Bill Text download pdf

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Sponsored By

WEINSTEIN

Archive: Last Bill Status - In Assembly Committee

Actions

2009-A6132 (ACTIVE) - Details

2009-A6132 (ACTIVE) - Summary

2009-A6132 (ACTIVE) - Sponsor Memo

2009-A6132 (ACTIVE) - Bill Text download pdf

Comments