New York Laws
Article 13 - Provisions Applicable to More Than One Type of Matrimonial Action
255 - Prerequisites for Judgments Under Articles Nine, Ten and Eleven of This Chapter; Health Care Coverage.

§ 255. Prerequisites for judgments under articles nine, ten and eleven
of this chapter; health care coverage. A court, prior to signing a
judgment of divorce or separation, or a judgment annulling a marriage or
declaring the nullity of a void marriage, shall ensure that:

1. Both parties have been notified, at such time and by such means as
the court shall determine, that once the judgment is signed, a party
thereto may or may not be eligible to be covered under the other party's
health insurance plan, depending on the terms of the plan. Provided,
however, service upon the defendant, simultaneous with the service of
the summons, of a notice indicating that once the judgment is signed, a
party thereto may or may not be eligible to be covered under the other
party's health insurance plan, depending on the terms of the plan, shall
be deemed sufficient notice to a defaulting defendant.

2. If the parties have entered into a stipulation of
settlement/agreement on or after the effective date of this section
resolving all of the issues between the parties, such
settlement/agreement entered into between the parties shall contain a
provision relating to the health care coverage of each party; and that
such provision shall either: (a) provide for the future coverage of each
party, or (b) state that each party is aware that he or she will no
longer be covered by the other party's health insurance plan and that
each party shall be responsible for his or her own health insurance
coverage, and may be entitled to purchase health insurance on his or her
own through a COBRA option, if available. The requirements of this
subdivision shall not be waived by either party or counsel and, in the
event it is not complied with, the court shall require compliance and
may grant a thirty day continuance to afford the parties an opportunity
to procure their own health insurance coverage.

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