§ 239. Stay in divorce or separation action on default of payment. In
an action for divorce or separation the court or the judge thereof may
refuse to grant an order to stay proceedings, where the only default is
the failure of a spouse to pay alimony, maintenance or counsel fees due
to his or her inability to make such payments. In no event shall a
spouse who has been imprisoned for contempt of court for failure to pay
alimony, maintenance or counsel fees or by virtue of an order of arrest
as a provisional remedy under the civil practice law and rules be stayed
from proceeding with the prosecution or defense of an action where the
only default is the failure of such spouse to pay alimony, maintenance
or counsel fees.