N.Y. Dom. Rel. Law § 248
Modification of judgment or order in action for divorce or annulment
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2017
As of January 1, 2015
§ 248. Modification of judgment or order in action for divorce or\nannulment. Where an action for divorce or for annulment or for a\ndeclaration of the nullity of a void marriage is brought by a husband or\nwife, and a final judgment of divorce or a final judgment annulling the\nmarriage or declaring its nullity has been rendered, the court, by order\nupon the application of the husband on notice, and on proof of the\nmarriage of the wife after such final judgment, must modify such final\njudgment and any orders made with respect thereto by annulling the\nprovisions of such final judgment or orders, or of both, directing\npayments of money for the support of the wife. The court in its\ndiscretion upon application of the husband on notice, upon proof that\nthe wife is habitually living with another man and holding herself out\nas his wife, although not married to such man, may modify such final\njudgment and any orders made with respect thereto by annulling the\nprovisions of such final judgment or orders or of both, directing\npayment of money for the support of such wife.\n
§ 248. Modification of judgment or order in action for divorce or\nannulment. Where an action for divorce or for annulment or for a\ndeclaration of the nullity of a void marriage is brought by a spouse,\nand a final judgment of divorce or a final judgment annulling the\nmarriage or declaring its nullity has been rendered, the court, by order\nupon the application of the payor on notice, and on proof of the\nmarriage of the payee after such final judgment, must modify such final\njudgment and any orders made with respect thereto by annulling the\nprovisions of such final judgment or orders, or of both, directing\npayments of money for the support of the payee. The court in its\ndiscretion upon application of the payor on notice, upon proof that the\npayee is habitually living with another person and holding himself or\nherself out as the spouse of such other person, although not married to\nsuch other person, may modify such final judgment and any orders made\nwith respect thereto by annulling the provisions of such final judgment\nor orders or of both, directing payment of money for the support of such\npayee.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.