BILL NUMBER: S8705A
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: Amends Subdivision 5 and 6 of section 170 of the domestic
relations law to require a separation for a period of 6 months or more
prior to the commencement of a no fault divorce.
ADDS SUBDIVISION 6 TO THE DOMESTIC RELATIONS LAW.
SECTION 2: PROVIDES THE EFFECTIVE DATE:.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Added Subdivision S and 6 of section 170 of the domestic relations law
to conform with the changes made to Section 200 of the domestic
relations law.
Amends Subdivision 5 and 6 of section 170 of the domestic relations law
to include gender neutral language; "he and she" were replaced with
"such plaintiff."
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. To avoid the loss of health insurance cover-
age, 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:
None.
 
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
orafter such effective date.

Statutes affected:
S8705: 200 domestic relations law
S8705A: 200 domestic relations law