N.Y. Domestic Relations Law § 170-a

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 170-A — Special action. a DRL § 170-A Special action. a ARTICLE 10 Action For Divorce § 170-a. Special action. a. A spouse against whom a decree of divorcehas been obtained under the provisions of subdivision five or six ofsection one hundred seventy of this chapter, where the decree, judgmentor agreement of separation was obtained or entered into prior to Januarytwenty-first, nineteen hundred seventy, may institute an action in whichthere shall be recoverable, in addition to any rights under this or anyother provisions of law, an amount equivalent to the value of anyeconomic and property rights of which the spouse was deprived by virtueof such decree, except where the grounds for the separation judgmentwould have excluded recovery of economic and property rights.b. In determining the value of the economic and property rightsdescribed in subdivision a hereof, the plaintiff's interest shall becalculated as though the defendant died intestate and as if the death ofthe defendant had immediately antedated the divorce.c. If the defendant shall establish that intervening circumstanceshave rendered an award described in subdivision a hereof inequitable,the court may award to the plaintiff such portion of such economic andproperty rights as justice may require.d. If the defendant shall establish that the plaintiff has expresslyor impliedly waived all or some portion of the aforesaid economic orproperty rights, the court shall deny recovery of all such rights, ordeny 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. Source: NYSenate.gov Open Legislation | Laws of New York Page 1