Daniel Clement, a divorce attorney that has practiced law for over 20 years, wrote about an upcoming New York law that prevents someone getting a divorce from financially sabotaging the soon-to-be ex-spouse:

In the past, many matrimonial actions got off to a particularly acrimonious start because one spouse was fearful that the other would transfer and hide assets, cancel insurance and run up debts as soon as they received notice of the divorce. As a result, one party had to go to the expense of making a motion to obtain an injunction preventing to the other spouse from acting financially irresponsibly. . . .

[The] new law makes the motion unnecessary. The law automatically enjoins parties from transferring property, relocating children, secreting assets, canceling insurance or running up debts.

So what will this mean for New York gay couples? Couples in a domestic partnership or civil union are out of luck. The automatic stay law will only apply to matrimonial actions:

• marriage annulments
• divorces
• separations
• declarations that a marriage is void
• proceedings about distribution of marital property after an out-of-state divorce

Not included: domestic partnership and civil union dissolutions.

However, the law will probably affect married gay couples getting a divorce. While New York doesn’t offer gay marriage directly, the state does recognize marriages performed out of state. And just this year, a New York court granted a same sex divorce of a couple married somewhere else.

If gay couples married out of state can continue to get divorced in New York, the automatic stay law will apply to them. Their divorces will be matrimonial actions.

Daniel thinks that the benefits of the automatic stay law include “lowering the costs of litigation, protecting the parties, while lowering level of animosity.” It’s good to know that these benefits will help gay couples too.