New York's Automatic Orders in Divorce: What Changed in 2026

By Adam W. Schneid, Esq.

Picture a divorce case that has just been filed. A few weeks later, a foreclosure notice arrives in the mail, addressed only to the spouse whose name is on the deed. The other spouse, who lives in that house and has half the equity at stake, never sees it. Until recently, New York’s automatic orders in divorce did not require anyone to say a word. Under a law that took effect January 20, 2026, they do.

A law signed in November 2025 made two changes to the automatic orders that bind every spouse in a New York divorce: it clarified how long the orders last, and it added a ten-day duty to tell your spouse, in writing, about certain legal and financial threats to the marital estate. Here is what the orders say today, what changed, and how to stay on the right side of them.

In short:

Automatic orders bind both spouses in a Supreme Court divorce action: the plaintiff when the summons is filed, the defendant when the orders are served with it.
Under Chapter 535 of the Laws of 2025, signed November 21, 2025, the orders stay in effect until the judgment of divorce is entered (or the action is dismissed, discontinued or stayed), not merely “during the pendency of the action.”
The same law added a sixth order: a spouse who receives notice of a tax lien, foreclosure, bankruptcy or lawsuit that could adversely affect the marital estate must send written notice to the other spouse within ten days.
Failing to obey the orders “may be deemed a contempt of court,” and can also hurt you when property is divided.

What are automatic orders in a New York divorce?

Under Domestic Relations Law § 236(B)(2)(b), the spouse who starts the divorce (the plaintiff) must serve a copy of the automatic orders on the other spouse (the defendant) along with the summons. The orders bind the plaintiff immediately upon filing and bind the defendant immediately upon service. The notice served with the summons sets out the orders and warns that failure to obey them “may be deemed a contempt of court” (22 NYCRR 202.16-a).

The automatic orders statute dates to 2009. According to the court system’s own bill memo, it was a significant step forward because it prevents one spouse from dissipating the marital estate “in order to deprive the other spouse of their property.” In plain English, once a divorce action has been started, neither spouse may do the following without the other’s written consent or a court order:

Dispose of property. No selling, transferring, encumbering, concealing, assigning or removing property, whether held individually or jointly, including real estate, cash accounts, stocks, mutual funds, bank accounts, cars and boats.
Touch retirement accounts. No transferring, encumbering, withdrawing or otherwise disposing of IRAs, 401(k)s, pensions and similar accounts, and no applying for retirement benefits. A spouse who is already receiving payments may keep receiving them.
Run up unreasonable debt. That includes further borrowing against a credit line secured by the family home, further encumbering assets, or unreasonably using credit cards or cash advances.
Disturb health coverage. Neither spouse may remove the other spouse or the children from existing medical, hospital and dental insurance, and both must keep that coverage in force.
Disturb insurance and beneficiaries. No changing beneficiaries on existing life insurance, and both spouses must keep existing life, auto, homeowners and renters insurance in effect.

Notice what the orders do not do. The first order, on property, excepts transactions “in the usual course of business, for customary and usual household expenses or for reasonable attorney’s fees in connection with this action,” and the third order, on debt, has a similar exception. You can still pay the mortgage, buy groceries, run your business and pay your lawyer. Disputes tend to arise over large or unusual transactions, which is where a written consent or a court order becomes important.

What changed in 2026?

Note: the amendment’s effective-date clause simply says it takes effect on the sixtieth day after becoming law. It does not say whether it reaches divorces already pending on that date, so if your case began before January 20, 2026, ask your attorney which version applies.

The amendment began as a request from the Unified Court System, on the recommendation of the Chief Administrative Judge’s Matrimonial Practice Advisory and Rules Committee. The bill (S8270, passed as Assembly bill A8299) passed both houses in June 2025, was delivered to the Governor on November 17, 2025, and was signed as Chapter 535 on November 21, 2025. It took effect sixty days after becoming law, which was January 20, 2026. The same day, the court system’s revised Notice of Automatic Orders carried that revision date, and its “What’s New in Matrimonial Legislation” page reports that the court rule was amended to match.

Change 1: The orders last until the judgment is entered

The old statute said the orders remained in effect “during the pendency of the action.” The court system’s concern, stated in the bill memo, was that this language “may leave room for a litigant, pro se or otherwise, to incorrectly conclude that the automatic orders are no longer in effect once a trial has concluded, but the court’s decision has not yet been rendered, a period which could span several months.”

The statute now provides that each automatic order “shall remain in full force and effect until the judgment of divorce is entered or the action is dismissed, discontinued or stayed, whichever shall occur first, unless the order is terminated, modified or amended by further order of the court upon motion of either of the parties or upon written agreement between the parties duly executed and acknowledged.”

The takeaway is that the end of trial does not lift the orders. By its terms, the statute does not end the orders when a settlement is signed either. They run until the judgment of divorce is entered.

Change 2: A new ten-day duty to tell your spouse

The amendment added a sixth automatic order. If either spouse “receives notice of a tax lien, foreclosure, bankruptcy, or litigation, or the filing of same, or of the lifting of a stay in bankruptcy, that could adversely affect the marital estate, that party shall, within ten days after receiving such notice, send written notice of such event to the other party.”

The bill memo explains the reason. In its current form, it says, the statute “fails to require a spouse to notify the other spouse” of these events, and after spouses separate they frequently do not tell each other about important legal proceedings. It adds that “sometimes property is titled in only one spouse’s name. If the notice is sent only to that spouse, the spouse who does not receive the notice will have no opportunity to appear in the legal proceeding to protect their interest.” In other words, a foreclosure notice sent to one spouse can cost both of them the house.

Three points about the new order deserve attention:

The trigger is broad. It covers tax liens, foreclosures, bankruptcy filings, “litigation,” and the lifting of a bankruptcy stay.
It has a built-in limit. The event must be one “that could adversely affect the marital estate.” A collection lawsuit or a lien is covered; an unrelated matter probably is not. When in doubt, send the notice.
The clock is short. The ten days run from receipt of the notice, and the statute calls for “written” notice to the other party. It does not say how to deliver it, so choose a method that leaves a record.

What happens if someone breaks the automatic orders?

The court rule provides that failure to obey the orders “may be deemed a contempt of court.” Contempt is not the only risk. When a court divides property in a divorce, it can weigh “the wasteful dissipation of assets by either spouse” and “any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration” in equitable distribution. A spouse who ignores the orders may face consequences in the final property division as well as in a contempt motion. If your spouse is not following the orders, we can advise you on seeking relief from the court; our modification and enforcement work covers that situation.

How the orders work in practice

These examples are hypothetical, but they track the situations the amendment was written to address:

The foreclosure notice. The family home is titled in one spouse’s name only, and that spouse receives a notice of foreclosure. Within ten days, that spouse must send written notice to the other, even if the two are barely speaking.
The business lawsuit. A spouse who owns a small company is sued by a vendor. If the claim could affect the value of the business, it is the kind of litigation that could adversely affect the marital estate, and notice is required.
The tax lien. One spouse receives a notice of a tax lien for a prior-year liability. Notice to the other spouse is required within ten days.
The retirement loan. One spouse wants to borrow from a 401(k) to cover moving costs. That generally falls within the second order, which bars withdrawing or encumbering retirement funds, unless the other spouse consents in writing or the court approves it.

Can the automatic orders be changed?

Yes, but only in two ways: by a further order of the court on motion of either spouse, or by a written agreement between the spouses that is “duly executed and acknowledged,” meaning signed before a notary in a manner required to record a deed in New York. The court’s own notice says the same: if you wish to modify or dissolve the orders, you must ask the court for approval or sign a written modification agreement acknowledged before a notary. For anything significant, such as selling the marital home or withdrawing a large sum, have an attorney prepare the paperwork. A quick “fine with me” text may not satisfy a statute that calls for a signed and acknowledged agreement.

What should you do if you are about to file, or have just been served?

Read the notice. The Notice of Automatic Orders is short, and it is the operative text for your case.
Pause the big moves. Do not move money, retitle property, change beneficiaries, take retirement loans or add new debt without written consent or a court order.
Keep life running. Keep paying the mortgage, utilities, insurance and ordinary household bills.
Watch your mail and email. Notices from courts, lenders, taxing authorities and collection agencies can start the ten-day clock.
Send written notice promptly. If a covered notice arrives, notify your spouse in writing within ten days, by email or certified mail, and keep a copy. If you have an attorney, coordinate with them before you send it.
Ask before you act. If a transaction is large or unusual, or you are unsure whether it falls within the “usual course” exceptions, get advice first.

Timing matters here too. If you are still deciding when to file, our article on the cost of waiting to file for divorce is a good companion to this one. Retirement accounts are among the most commonly misunderstood assets, so see also our discussion of dividing retirement assets. And if you are weighing separation rather than divorce, read the difference between divorce and separation in New York.

Frequently asked questions

Do automatic orders apply if we agree on everything?

Yes. The rule covers matrimonial actions in Supreme Court, and the Notice of Automatic Orders is served with the summons whether or not the case is contested.

Can I still pay my attorney?

Yes. The orders on property and debt expressly permit reasonable attorney’s fees in connection with the action.

Do I have to tell my spouse about every bill I receive?

No. The ten-day duty applies to notices of a tax lien, foreclosure, bankruptcy, litigation, or the lifting of a bankruptcy stay that could adversely affect the marital estate.

Do the orders end when we settle?

By its terms, the statute does not end the orders when a settlement is signed. They remain in effect until the judgment of divorce is entered, unless the court or a properly executed and acknowledged written agreement modifies them.

Questions about your own case?

Automatic orders apply from the first day of a divorce case, and a misstep can follow you into the final property division. If you have questions about filing, a notice you have received, or a transaction you are considering, our attorneys are glad to talk it through. We work with families across Westchester and Nassau counties from our White Plains and Garden City offices, and you can reach us here. You can also read more about our divorce practice and about the author.

Sources

This article is for general information only and is not legal advice. Every case is different, and reading it does not create an attorney-client relationship. See our disclaimer.

New York’s Automatic Orders in Divorce: What Changed in 2026