A1588   Matusow   No Same as
Civil Practice Law and Rules
TITLE....Tolls the running of statute of limitations for actions based on antenuptial and postnuptial agreements
 

MATUSOW
Amd S206, CPLR
Commences the running of the statute of limitations on actions based on an antenuptial or postnuptial agreement to the earliest of the following: the physical separation of the parties, commencement of an action for divorce or separation, or death of one of the parties.

 
                STATE OF NEW YORK
       ________________________________________________________________________
 
                                         1588
 
                              2001-2002 Regular Sessions
 
                   IN ASSEMBLY
 
                                   January 16, 2001
                                      ___________
 
       Introduced  by M. of A. MATUSOW -- read once and referred to the Commit-
         tee on Codes
 
       AN ACT to amend the civil practice law and rules, in  relation  to  time
         limits  for  the commencement of causes of action relating to antenup-
         tial and postnuptial agreements
 
         The People of the State of New York, represented in Senate and  Assem-
       bly, do enact as follows:
 
    1    Section  1. Section 206 of the civil practice law and rules is amended
    2  by adding a new subdivision (e) to read as follows:
    3    (e) Based on antenuptial or postnuptial agreement.  1.  In  an  action
    4  based  upon an antenuptial agreement or postnuptial agreement including,
    5  but not limited to, an action challenging the validity  of  such  agree-
    6  ment,  the  time  within  which  the  action  must be commenced shall be
    7  computed from the following, whichever shall occur first:
    8    (i) the time the parties no longer reside in the same household;
    9    (ii) the time an action for divorce or separation is commenced; or
   10    (iii) the death of one of the parties.
   11    2. Equitable defenses limiting the  time  for  enforcement,  including
   12  laches and estoppel, shall not be limited by this subdivision.  Further-
   13  more,  the  provisions  of  this  subdivision  shall  not apply to other
   14  intra-marital contracts governed by other provisions or rules of law.
   15    § 2. This act shall take effect immediately and shall apply to actions
   16  pending on or after the effective date of this act.
 
 
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05461-01-1

 
BILL NUMBER: A1588
 
SPONSOR: Matusow

 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to time limits for the commencement of causes of action relat-
ing to antenuptial and postnuptial agreements
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To toll the six year statute of limitations for antenuptial and postnup-
tial agreements while parties are married.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
This bill would add a new subdivision (e) to §206 of the CPLR to toll
the statute of limitations for antenuptial and post nuptial agreements
until the parties do one of three things:
 
1) no longer reside in the same household
 
2) an action for divorce or separation is commenced
 
3) death of a party
 
 
JUSTIFICATION:
 
This bill would toll the statute of limitation for antenuptial and
postnuptial agreements while parties are married. Most states, including
New York, recognize the public policy of preserving the marital
relationship and actions that encourage the breakdown of the marriage
are disapproved of in law.  To require spouses to commence law suits
concerning these agreements while still married could encourage law
suits and could very well be detrimental to the marriage.
 
Few New York cases address this topic.  
LIEBERMAN, 587 NYS2d 107
(1992), a Supreme Court case in NY County, held that the 6 year statute
of limitation for antenuptial agreements is tolled during the marriage
and does not begin to run until the parties physically separate, an
action for divorce or separation is commenced, or until the death of one
of the parties.  A requirement that a party must challenge the premari-
tal agreement during the marriage, lest the opportunity be lost, would
contradict public policy.
 
The  
LIEBERMAN Court distinguished this case from  
PACCHIANA, 462
NYS2d 256, (1983 2nd Dept.), a case which barred a party from bringing
an action to void an antenuptial agreement on the grounds the six year
statute of limitation had expired, on the grounds that the issue of
tolling was not raised. Instead, the party claimed that the agreement
was executory until death of either party.  The court held that the
agreement was in effect during the life of the marriage and not executo-
ry and that the action was time barred.
 
Because the case law is unclear concerning the tolling of the statute of
limitation for antenuptial agreements, this bill would clarify that due
to the strong public policy consideration, it should be tolled while the
parties are married. Postnuptial agreements are also included in this
bill because a similar public policy argument can be made for these
types of agreements.
 
 
PRIOR LEGISLATIVE HISTORY:
 
A.6115 of 1997
A.1395 in 1999
 
 
FISCAL IMPLICATIONS:
 
None
 
 
EFFECTIVE DATE:
 
Immediately, and shall apply to actions pending on or after the effec-
tive date of this act.