New York Laws
Article 13 - Provisions Applicable to More Than One Type of Matrimonial Action
248 - Modification of Judgment or Order in Action for Divorce or Annulment.

§ 248. Modification of judgment or order in action for divorce or
annulment. Where an action for divorce or for annulment or for a
declaration of the nullity of a void marriage is brought by a spouse,
and a final judgment of divorce or a final judgment annulling the
marriage or declaring its nullity has been rendered, the court, by order
upon the application of the payor on notice, and on proof of the
marriage of the payee after such final judgment, must modify such final
judgment and any orders made with respect thereto by annulling the
provisions of such final judgment or orders, or of both, directing
payments of money for the support of the payee. The court in its
discretion upon application of the payor on notice, upon proof that the
payee is habitually living with another person and holding himself or
herself out as the spouse of such other person, although not married to
such other person, may modify such final judgment and any orders made
with respect thereto by annulling the provisions of such final judgment
or orders or of both, directing payment of money for the support of such
payee.

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