BILL NUMBER:  S4533

 TITLE OF BILL :
An act to amend the domestic relations law, in relation to maintenance
and equitable distribution of marital property


 PURPOSE OF BILL :
This bill adds loss of health insurance upon dissolution of marriage
as a factor to be considered in awarding maintenance and in
determining the equitable disposition of marital property.

 SUMMARY OF PROVISIONS OF BILL :
Subparagraphs 5, 6, 7, 8, 9, 10, 11, 12, 13, of paragraph d of
subdivision 5 of part B of section 236 of the domestic relations law,
are renumbered 6, 7, 8, 9, 10, 11, 12, 13, and 14, and a new
subparagraph 5 is added to provide that the loss of health insurance
benefits shall be a factor to be considered by the court in an award
of property distribution.

Subparagraph 11 of paragraph a of subdivision 6 of part B of section
236 of the domestic relations law is renumbered subparagraph 12 and a
new subparagraph 11 is added to provide that the loss of health
insurance benefits shall be a factor to be considered by the judge in
an award of maintenance.

              

 JUSTIFICATION :
The Equitable Distribution and Maintenance factors have not been
updated much since their introduction close to 30 years ago. While
loss of health insurance was not one of the factors added at the time,
in light of the health care crisis and rising costs of access to
health insurance, loss of health insurance is a critical factor that
should be considered by courts in making determinations relating to
equitable distribution and maintenance. The impact of a divorce can be
challenging for families and the added loss of health insurance can be
financially devastating. The proposal in this bill, to add loss of
health insurance as a factor to be considered for equitable
distribution and maintenance determinations, is essential to address
the realities of our current times. This legislation is intended to
promote the health, safety and financial stability of the parties post
divorce.

 LEGISLATIVE HISTORY :
New bill, 2009.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law and shall apply to any action or proceeding commenced on
or after such effective date.