Prior to the coronavirus outbreak (COVID-19), legislation was introduced that would add as a factor to be considered by the court when determining equitable distribution “whether either party has committed an act or acts of domestic violence, as described in subdivision one of section four hundred fifty-nine-a of the social services law, against the other party and the nature, extent, duration and impact of such act or acts.” A 1967-A (Zebrowski) and S 6050-A (Hoylman). While the legislation was pending, the governor the New York signed into law a Budget Bill (S-7505-B, part “PP”), which provides for the same amendment to the New York Domestic Relations Law. In the midst of COVID-19, UN chief António Guterres has called for protective measures to address a “horrifying surge in domestic­­ violence.” Guterres posted on his Twitter page: “Many women under lockdown for #COVID19 face violence where they should be safest: in their own homes.” If there were ever a time to e­­mphasize the importance of the enacted legislation, now would be the time.

New York state has promulgated useful, public information on the subject of domestic violence. See New York Office for the Prevention of Domestic Violence, “What Is Domestic Violence?”. Domestic violence is, by statute, required to be considered by New York courts in the context of determining what is in the best interests of a child for purposes of a custody dispute. See generally DRL §240. Additionally, New York courts are required to consider domestic violence in the context of determining both temporary and post-divorce maintenance. See DRL §§236B(5-a)(h)(1)(g) and 236B(6)(e)(1)(g). In the maintenance context, however, while §459-a of the Social Services Law is expressly mentioned, the applicable factor where domestic violence is considered concerns “acts by one party against another that have inhibited or continue to inhibit a party’s earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence as provided in section four hundred fifty-nine-a of the social services law.” The “include but are not limited to” language is not set forth in the enacted legislation in respect of domestic violence as a factor for equitable distribution, but rather, it solely identifies §459-a of the Social Services Law.