N.Y. Domestic Relations Law § 255
N.Y. Domestic Relations Law § 255 - Prerequisites for Judgments in Matrimonial Actions Health Care Coverage (2024)
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NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 255 — Prerequisites for judgments under articles nine, t DRL § 255 Prerequisites for judgments under articles nine, ten and elevenof this chapter; health care coverage ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 255. Prerequisites for judgments under articles nine, ten and elevenof this chapter; health care coverage. A court, prior to signing ajudgment of divorce or separation, or a judgment annulling a marriage ordeclaring the nullity of a void marriage, shall ensure that:1. Both parties have been notified, at such time and by such means asthe court shall determine, that once the judgment is signed, a partythereto may or may not be eligible to be covered under the other party'shealth insurance plan, depending on the terms of the plan. Provided,however, service upon the defendant, simultaneous with the service ofthe summons, of a notice indicating that once the judgment is signed, aparty thereto may or may not be eligible to be covered under the otherparty's health insurance plan, depending on the terms of the plan, shallbe deemed sufficient notice to a defaulting defendant.2. If the parties have entered into a stipulation ofsettlement/agreement on or after the effective date of this sectionresolving all of the issues between the parties, suchsettlement/agreement entered into between the parties shall contain aprovision relating to the health care coverage of each party; and thatsuch provision shall either: (a) provide for the future coverage of eachparty, or (b) state that each party is aware that he or she will nolonger be covered by the other party's health insurance plan and thateach party shall be responsible for his or her own health insurancecoverage, and may be entitled to purchase health insurance on his or herown through a COBRA option, if available. The requirements of thissubdivision shall not be waived by either party or counsel and, in ge, and may be entitled to purchase health insurance on his or herown through a COBRA option, if available. The requirements of thissubdivision shall not be waived by either party or counsel and, in theevent it is not complied with, the court shall require compliance andmay grant a thirty day continuance to afford the parties an opportunityto procure their own health insurance coverage. Source: NYSenate.gov Open Legislation | Laws of New York Page 1