Prohibits a person who has abandoned such person's spouse or domestic partner from collecting any portion of the spouse's or domestic partner's pension.
Summary
This bill amends the Domestic Relations Law to create a new rule barring a person who has abandoned their spouse or domestic partner from claiming or collecting any portion of that spouse’s or partner’s pension as part of a distributive award. The prohibition applies to pensions owed by either public or private employers and is framed as a limitation on property division in divorce or similar proceedings.
The bill also makes clear that this new bar does not interfere with enforcement of child support or spousal maintenance orders. Those obligations may still be collected from pension funds through garnishment, attachment, or other lawful means. The act would take effect immediately upon enactment.
Impact
If enacted, the bill would add a new section to New York’s Domestic Relations Law and change how pension assets may be divided when one spouse or domestic partner is found to have abandoned the other. It would limit the abandoned party’s ability to receive a share of the other party’s pension in equitable distribution, while preserving existing enforcement tools for support obligations. The affected parties would include divorcing spouses, domestic partners, pension recipients, and courts handling distributive awards involving public or private retirement benefits.
Sentiment
Based on the bill text and available context, the measure appears to be presented as a fairness-oriented family law reform aimed at preventing an abandoning spouse or domestic partner from benefiting from the other party’s pension. There is no recorded committee debate or vote history in the provided materials, so no formal opposition or support is documented. The overall framing suggests a protective and punitive approach toward abandonment, with an emphasis on preserving support rights.
Contention
The main potential point of contention is the bill’s use of “abandoned” as the trigger for disqualifying a person from pension distribution, since that term may raise factual and legal questions in domestic relations cases. Opponents could argue that the rule may complicate equitable distribution or create disputes over whether abandonment occurred, while supporters would likely view it as preventing an undeserving spouse or partner from sharing in retirement benefits. Another possible issue is the interaction between pension division and support enforcement, though the bill expressly preserves child support and spousal maintenance collection.
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