Legislative Report
By Sandra Rivera, Esq.
WBASNY Legislative Consultant

No Fault Divorce legislation passes the NYS Legislature!  After years of working to make New York the 50th state to enact no-fault divorce, WBASNY members were successful in getting the New York State Legislature to pass this legislation before they ended session this summer. 

On June 15, the Senate passed S.3890-A (sponsored by Senator Ruth Hassell-Thompson) which would add a no-fault provision in the current Domestic Relations Law.  This bill was part of a package of three matrimonial reform bills the Senate passed on the same day.  Those two bills were S.4532 (sponsored by Senator John Sampson) which would create a rebuttable presumption that the non-monied spouse was entitled to an interim attorney's fee and expert witness fee award in a matrimonial case or in proceedings to enforce a judgment therein and S.7740 (sponsored by Senator Hassell-Thompson) which would establish maintenance guidelines. 

On July 1, the Assembly followed the Senate in passing no-fault divorce legislation (A.9753-A sponsored by Assemblyman Jonathan Bing).  Earlier in the year, the Assembly passed legislation regarding counsel / expert fees to the non-monied spouse (A.7569-A sponsored by Assemblywoman Weinstein).  Although the Assembly did not pass S.7740, they did pass similar legislation (A.11564 sponsored by Assemblywomen Amy Paulin and Helene Weinstein).  Whereas S.7740 would establish temporary as well as final maintenance guidelines, this legislation would only establish temporary maintenance guidelines.  However, A.11564 also requires the Law Revision Commission to review the laws regarding maintenance and report to the legislature whether changes are warranted.  It should be noted that while the maintenance guidelines would not take effect until 60 days after the legislation is signed into law, the Law Revision Commission is directed to start its review immediately upon enactment.  The Senate subsequently passed the companion legislation to A.11564 on July 1.

As of this writing, the legislation has not yet been sent to the Governor for his review.  We are hopeful that he will sign the legislation into law.