An Act to Amend the Domestic Relations Law, in Relation to Maintenance and Equitable Distribution of marital property

August 6, 2009

On July 16, 2009 Governor David Patterson signed the Bill entitled, An act to amend the domestic relations law, in relation to maintenance and equitable distribution of marital property. This Bill was originally sponsored by Assemblywoman Helene E. Weinstein, 41st Assembly (Kings County) and District Senator John L. Sampson, 19th Senate District (Kings County). The purpose of the Bill is to add loss of health insurance upon dissolution of marriage as a factor to be considered in awarding maintenance & determining the equitable disposition of marital property.

Specifically, it provides that the loss of health insurance benefits shall be a factor to be considered by the court in an award of property distribution. It also provides that the loss of health insurance benefits shall be a factor to be considered by the judge in an award of maintenance.


As many of you are aware, the equitable distribution and maintenance factors have not been materially updated since its introduction (some 30 years ago). However, the current attention to the health care system; in particular (1) its rising costs, (2) accessibility, and (3) the loss of health insurance are critical factors that should now be considered in determining equitable distribution and maintenance.


The Bill is effective on the 16th day after it becomes law and will apply to any action or proceeding commenced on or after such date.

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