2013 New York Consolidated Laws
DOM - Domestic Relations
Article 13 - (230 - 255) PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF MATRIMONIAL ACTION
255 - Prerequisites for judgments under articles nine, ten and eleven of this chapter; health care coverage.


NY Dom Rel L § 255 (2012) What's This?
 
    § 255. Prerequisites for judgments under articles nine, ten and eleven
  of  this  chapter;  health  care  coverage.  A court, prior to signing a
  judgment of divorce or separation, or a judgment annulling a marriage or
  declaring the nullity of a void marriage, shall ensure that:
    1. Both parties have been notified, at such time and by such means  as
  the  court  shall  determine,  that once the judgment is signed, a party
  thereto may or may not be eligible to be covered under the other party's
  health insurance plan, depending on the terms  of  the  plan.  Provided,
  however,  service  upon  the defendant, simultaneous with the service of
  the summons, of a notice indicating that once the judgment is signed,  a
  party  thereto  may or may not be eligible to be covered under the other
  party's health insurance plan, depending on the terms of the plan, shall
  be deemed sufficient notice to a defaulting defendant.
    2.   If   the   parties   have   entered   into   a   stipulation   of
  settlement/agreement  on  or  after  the  effective date of this section
  resolving   all   of   the   issues   between    the    parties,    such
  settlement/agreement  entered  into  between the parties shall contain a
  provision relating to the health care coverage of each party;  and  that
  such provision shall either: (a) provide for the future coverage of each
  party,  or  (b)  state  that  each party is aware that he or she will no
  longer be covered by the other party's health insurance  plan  and  that
  each  party  shall  be  responsible  for his or her own health insurance
  coverage, and may be entitled to purchase health insurance on his or her
  own through a COBRA option,  if  available.  The  requirements  of  this
  subdivision  shall  not be waived by either party or counsel and, in the
  event it is not complied with, the court shall  require  compliance  and
  may  grant a thirty day continuance to afford the parties an opportunity
  to procure their own health insurance coverage.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.