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Senate Bill S2588

2013-2014 Legislative Session

Relates to prohibiting maintenance awards to a spouse convicted of certain offenses against a former spouse

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2013-S2588 (ACTIVE) - Details

See Assembly Version of this Bill:
A4840
Current Committee:
Senate Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd ยง236, Dom Rel L

2013-S2588 (ACTIVE) - Summary

Provides that a party who has been convicted of a domestic violence offense, a sexually violent offense, or of soliciting the murder, of a spouse or former spouse shall not be awarded maintenance to be paid by such spouse or former spouse.

2013-S2588 (ACTIVE) - Sponsor Memo

2013-S2588 (ACTIVE) - Bill Text download pdf 

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

                                  2588

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

Introduced  by Sen. GRISANTI -- 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  prohibiting
  maintenance awards to a spouse convicted of certain offenses

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

  Section 1. Item (x) of clause (a) of subparagraph 2 of paragraph c  of
subdivision  5-a of part B of section 236 of the domestic relations law,
as added by chapter 371 of the laws of  2010,  is  amended  to  read  as
follows:
  (x)  acts by one party against another that have inhibited or continue
to inhibit a party's earning capacity or ability  to  obtain  meaningful
employment.  Such  acts  include but are not limited to acts of domestic
violence as provided in section four hundred fifty-nine-a of the  social
services law. PROVIDED THAT A PARTY WHO HAS BEEN CONVICTED OF A DOMESTIC
VIOLENCE  OFFENSE  AGAINST A SPOUSE OR FORMER SPOUSE, A SEXUALLY VIOLENT
OFFENSE  AS  DEFINED  BY  SUBDIVISION  THREE  OF  SECTION  ONE   HUNDRED
SIXTY-EIGHT-A  OF THE CORRECTION LAW OF A SPOUSE OR FORMER SPOUSE, OR OF
SOLICITING THE MURDER OF A SPOUSE OR FORMER SPOUSE SHALL NOT BE  AWARDED
TEMPORARY MAINTENANCE TO BE PAID BY SUCH SPOUSE OR FORMER SPOUSE;
  S  2.  Subparagraph  7  of  paragraph  a of subdivision 6 of part B of
section 236 of the domestic relations law, as amended by chapter 371  of
the laws of 2010, is amended to read as follows:
  (7)  acts by one party against another that have inhibited or continue
to inhibit a party's earning capacity or ability  to  obtain  meaningful
employment.  Such  acts  include but are not limited to acts of domestic
violence as provided in section four hundred fifty-nine-a of the  social
services law. PROVIDED THAT A PARTY WHO HAS BEEN CONVICTED OF A DOMESTIC
VIOLENCE  OFFENSE  AGAINST A SPOUSE OR FORMER SPOUSE, A SEXUALLY VIOLENT
OFFENSE  AS  DEFINED  BY  SUBDIVISION  THREE  OF  SECTION  ONE   HUNDRED
SIXTY-EIGHT-A  OF THE CORRECTION LAW OF A SPOUSE OR FORMER SPOUSE, OR OF
SOLICITING THE MURDER OF A SPOUSE OR FORMER SPOUSE SHALL NOT BE  AWARDED
TEMPORARY MAINTENANCE TO BE PAID BY SUCH SPOUSE OR FORMER SPOUSE;
  S 3. This act shall take effect immediately.

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