Laws of 2020, Ch 55, §1, enacted April 3, 2020 added an
additional factor to the property distribution factors in Domestic Relations
Law §236 [B]5] [d]. Factor 14 “any other factor which the court shall expressly
find to be just and proper” was renumbered factor 15, and a new “domestic
violence” factor 14 was added: (14) whether either party has committed an
act or acts of domestic violence, as described in
subdivision one of section four hundred fifty-nine-a
of the social services law, against the other party and the nature, extent,
duration and impact of such act or acts.
The amendment took effect on
May 3, 2020 and applies to matrimonial actions commenced on or after the
effective date, which, because of Covid-19 pause, will be today.
For maintenance purposes, domestic violence is already one of the factors
"(g) acts by one party against another that have
inhibited or continue to inhibit a party's earning capacity or ability to
obtain meaningful employment. Such acts include but are not limited to acts of
domestic violence as provided in section four hundred fifty-nine-a of the
social services law;"
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