Understanding Automatic Orders in New York Divorce Cases

When you file for divorce in New York State, certain rules immediately go into effect to protect both parties and preserve marital assets during the proceedings. These are called "automatic orders" or "automatic restraining orders," and they apply to both spouses from the moment the divorce action is commenced. In this post a Syracuse family law attorney explains what you need to know.

What Are Automatic Orders?

Automatic orders are court-imposed restrictions that take effect without requiring a judge's specific ruling or a separate court hearing. In New York, these orders are outlined in Domestic Relations Law § 236(B)(2)(b) and automatically bind both the plaintiff (the spouse who files for divorce) and the defendant (the responding spouse).

The purpose of these orders is to maintain the status quo during divorce proceedings and prevent either party from:

• Hiding or disposing of marital assets

• Interfering with the other spouse's rights

• Making drastic financial changes that could harm the other party

• Taking actions that would complicate the divorce process

When Do Automatic Orders Take Effect?

For the Plaintiff (Filing Spouse): The automatic orders take effect immediately upon filing the divorce papers with the court.

For the Defendant (Responding Spouse): The automatic orders take effect upon being served with the divorce papers or upon appearing in the action, whichever comes first.

What Do the Automatic Orders Prohibit?

Under New York law, once automatic orders are in effect, neither spouse may:

1. Sell, Transfer, or Dispose of Property

Neither party can sell, transfer, encumber, conceal, or dispose of marital property without:

• Written consent from the other spouse, OR

• A court order

This includes real estate, vehicles, bank accounts, investments, and other significant assets. The only exceptions are:

• Transactions in the usual course of business

• Transactions for customary and usual household expenses

• Transactions for reasonable attorney's fees in connection with the divorce

2. Change Insurance Beneficiaries or Coverage

Neither spouse may:

• Remove the other spouse as a beneficiary on life insurance, health insurance, or other insurance policies

• Cash out, borrow against, cancel, or otherwise change coverage on existing insurance policies

• Fail to pay premiums to keep policies in effect

3. Incur Unreasonable Debt

Neither party can incur unreasonable debts in the name of the other spouse or that would burden marital property.

4. Change Beneficiary Designations

Neither spouse may change beneficiary designations on:

• Retirement accounts

• Pension plans

• Bank accounts

• Investment accounts

• Any other asset with a designated beneficiary

Important Exceptions to the Automatic Orders

The automatic orders do include reasonable exceptions that allow both spouses to continue managing their daily lives:

• Usual Course of Business: Self-employed individuals or business owners can continue normal business operations

• Customary Household Expenses: You can continue paying regular bills like mortgage, utilities, groceries, and other routine living expenses

• Attorney's Fees: You can use marital funds to pay reasonable attorney's fees for the divorce

• Written Consent: Any transaction is permitted if you have written consent from your spouse

• Court Order: Any transaction authorized by court order is allowed

What Happens If Someone Violates an Automatic Order?

Violating an automatic order can have serious consequences. If either spouse violates these orders, the court may:

• Hold the violating party in contempt of court

• Order the violating party to pay the other spouse's attorney's fees

• Award a larger share of marital property to the innocent spouse

• Impose other sanctions deemed appropriate by the court

• In some cases, void or reverse the improper transaction

How Long Do Automatic Orders Last?

Automatic orders remain in effect until:

• The divorce case is dismissed

• The divorce is finalized with a judgment of divorce

• The court issues a different order modifying or terminating the automatic orders

• Both parties sign a written agreement changing the terms

Contact a Syracuse Divorce Attorney Today

Automatic orders in New York divorce cases serve an important protective function, ensuring that both spouses act fairly during the divorce process and that marital assets are preserved for equitable distribution. While these orders may feel restrictive, they apply equally to both parties and help create a level playing field.

If you're considering divorce in New York State and have questions about the process, contact our office today for a free confidential consultation with an experienced Syracuse divorce attorney.

For more details on the divorce process please visit our Divorce and Frequently Asked Questions pages

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and guidelines can change, so always verify with current statutes or a professional.