N.Y. Family Court Act § 464: Effect of pendency of action for divorce, separation or annulment on petition for support of a spouse

§ 464. Effect of pendency of action for divorce, separation or

annulment on petition for support of a spouse. (a) In a matrimonial

action in the supreme court, the supreme court on its own motion or on

motion of either spouse may refer to the family court an application for

temporary or permanent support, or for maintenance or a distribution of

marital property. If the supreme court so refers an application, the

family court has jurisdiction to determine the application with the same

powers possessed by the supreme court and the family court's disposition

of the application is an order of the family court appealable only under

article eleven of this act.

(b) In the absence of an order of referral under paragraph (a) of this

section and in the absence of an order by the supreme court granting

temporary or permanent support or maintenance, the family court during

the pendency of such action may entertain a petition and may make an

order under section four hundred forty-five of this article for a spouse

who is likely to become in need of public assistance or care.