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New York · Through 2026-09-11

N.Y. Domestic Relations Law § 255: Prerequisites for judgments under articles nine, ten and eleven of this chapter; health care coverage

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Where this section sits in the code
  1. Domestic Relations Law
  2. Article 13. 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. 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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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