2023 New York Laws
DOM - Domestic Relations
Article 10 - Action for Divorce
170-A - Special Action.

§  170-a. Special action. a. A spouse against whom a decree of divorce
has been obtained under the provisions of subdivision  five  or  six  of
section  one hundred seventy of this chapter, where the decree, judgment
or agreement of separation was obtained or entered into prior to January
twenty-first, nineteen hundred seventy, may institute an action in which
there shall be recoverable, in addition to any rights under this or  any
other  provisions  of  law,  an  amount  equivalent  to the value of any
economic and property rights of which the spouse was deprived by  virtue
of  such  decree,  except  where the grounds for the separation judgment
would have excluded recovery of economic and property rights.
b. In determining the  value  of  the  economic  and  property  rights
described  in  subdivision  a  hereof, the plaintiff's interest shall be
calculated as though the defendant died intestate and as if the death of
the defendant had immediately antedated the divorce.
c. If the defendant shall  establish  that  intervening  circumstances
have  rendered  an  award described in subdivision a hereof inequitable,
the court may award to the plaintiff such portion of such  economic  and
property rights as justice may require.
d.  If  the defendant shall establish that the plaintiff has expressly
or impliedly waived all or some portion of  the  aforesaid  economic  or
property  rights,  the  court shall deny recovery of all such rights, or
deny recovery of the portion of such rights as justice may require.
e. Actions under this subdivision may be brought:
  (i) Within two years of the enactment of this section, or
  (ii) Within two years  of  the  obtainment  of  the  subject  divorce,
whichever is later.