§ 170-A — Special action

New York § 170-A

• Jurisdiction: New York
• Law DOM: Domestic Relations
• Art. 10: Action For Divorce

Text

§ 170-a. Special action. a. A spouse against whom a decree of divorce\nhas been obtained under the provisions of subdivision five or six of\nsection one hundred seventy of this chapter, where the decree, judgment\nor agreement of separation was obtained or entered into prior to January\ntwenty-first, nineteen hundred seventy, may institute an action in which\nthere shall be recoverable, in addition to any rights under this or any\nother provisions of law, an amount equivalent to the value of any\neconomic and property rights of which the spouse was deprived by virtue\nof such decree, except where the grounds for the separation judgment\nwould have excluded recovery of economic and property rights.\n b. In determining the value of the economic and property rights\ndescribed in subdivision a hereof, the plaintiff's interest shall be\ncalculated as though the defendant died intestate and as if the death of\nthe defendant had immediately antedated the divorce.\n c. If the defendant shall establish that intervening circumstances\nhave rendered an award described in subdivision a hereof inequitable,\nthe court may award to the plaintiff such portion of such economic and\nproperty rights as justice may require.\n d. If the defendant shall establish that the plaintiff has expressly\nor impliedly waived all or some portion of the aforesaid economic or\nproperty rights, the court shall deny recovery of all such rights, or\ndeny recovery of the portion of such rights as justice may require.\n e. Actions under this subdivision may be brought:\n (i) Within two years of the enactment of this section, or\n (ii) Within two years of the obtainment of the subject divorce,\nwhichever is later.\n