New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 464. Effect of pendency of action for divorce, separation or
annulment on petition for support of a spouse. (a) In a matrimonial
action in the supreme court, the supreme court on its own motion or on
motion of either spouse may refer to the family court an application for
temporary or permanent support, or for maintenance or a distribution of
marital property. If the supreme court so refers an application, the
family court has jurisdiction to determine the application with the same
powers possessed by the supreme court and the family court's disposition
of the application is an order of the family court appealable only under
article eleven of this act.
(b) In the absence of an order of referral under paragraph (a) of this
section and in the absence of an order by the supreme court granting
temporary or permanent support or maintenance, the family court during
the pendency of such action may entertain a petition and may make an
order under section four hundred forty-five of this article for a spouse
who is likely to become in need of public assistance or care.
