BILL NUMBER: S8705

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the domestic relations law, in relation to allowing for
no fault separation

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the domestic relations law to add subdivision 6 to allow no
fault separation.

 
SUMMARY OF PROVISIONS:

SECTION 1: ADDS SUBDIVISION 6 TO THE DOMESTIC RELATIONS LAW. SECTION 2:
PROVIDES THE EFFECTIVE DATE.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Pursuant to Section 22 of the General Construction Law, the gendered
              

term "between husband and wife" was replaced by "between spouses" to
include greater gender neutrality in the law..

 
JUSTIFICATION:

In 2010, the New York State Legislature passed a bill that included
irretrievable breakdown of the marriage as a ground for no fault
divorce. After a divorce is filed, a party may lose health insurance
coverage from their spouse. In order to avoid the loss of health insur-
ance coverage, yet obtain court-ordered relief, many parties choose to
obtain a judgment of legal separation pursuant to DRL Section 200.
However, DRL Section 200 only lists fault grounds as a basis for a judg-
ment of legal separation. It was not amended to include irretrievable
breakdown of the marriage. DRL Section 200 was not updated to reflect
the changes that Section 170 had; it only lists fault grounds as a basis
for a judgement of legal separation.  The addition of DRL Section 200,
subdivision 6 will ensure that New York will have no-fault separation
statutorily implemented, and it can reflect the changes made to no fault
divorce 14 years ago.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: A.1128

2019-20: A.8720

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

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