senate Bill S5678

Signed By Governor
2015-2016 Legislative Session

Relates to the duration and amount of maintenance and of spousal support

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7645 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 25, 2015 signed chap.269
Sep 15, 2015 delivered to governor
Jun 24, 2015 returned to assembly
passed senate
substituted for s5678
Jun 24, 2015 substituted by a7645
Jun 08, 2015 advanced to third reading
Jun 03, 2015 2nd report cal.
Jun 02, 2015 1st report cal.1228
May 27, 2015 referred to judiciary

Co-Sponsors

S5678 (ACTIVE) - Details

See Assembly Version of this Bill:
A7645
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§236 & 248, Dom Rel L; amd §412, Fam Ct Act

S5678 (ACTIVE) - Summary

Relates to the duration and amount of maintenance and of spousal support; establishes new formulas for the amount of maintenance and spousal support and factors the court can use to deviate from that amount.

S5678 (ACTIVE) - Sponsor Memo

S5678 (ACTIVE) - Bill Text download pdf

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

                                  5678

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 27, 2015
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- 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 the duration and amount  of  maintenance  and  of  spousal
  support

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

  Section 1. Paragraph a of subdivision 1 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:
  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 subdivisions five-a and six of this part, to be paid
at fixed intervals for a definite or indefinite period of time,  but  an
award  of  maintenance shall terminate upon the death of either party or
upon the [recipient's]  PAYEE'S  valid  or  invalid  marriage,  or  upon
modification  pursuant  to  paragraph  [(b)]  B  of  subdivision nine of
[section two hundred thirty-six of] this part  or  section  two  hundred
forty-eight of this chapter.
  S  2.  Subparagraph  7  of  paragraph  d of subdivision 5 of part B of
section 236 of the domestic relations law, as amended by chapter 281  of
the  laws  of 1980 and as renumbered by chapter 229 of the laws of 2009,
is amended to read as follows:
  (7) 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. THE COURT
SHALL NOT CONSIDER AS MARITAL PROPERTY SUBJECT TO DISTRIBUTION THE VALUE
OF A SPOUSE'S ENHANCED EARNING CAPACITY ARISING FROM A LICENSE,  DEGREE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10788-02-5

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