N.Y. Domestic Relations Law Section 248
Modification of judgment or order in action for divorce or annulment

Where an action for divorce or for annulment or for a declaration of the nullity of a void marriage is brought by a spouse, and a final judgment of divorce or a final judgment annulling the marriage or declaring its nullity has been rendered, the court, by order upon the application of the payor on notice, and on proof of the marriage of the payee after such final judgment, must modify such final judgment and any orders made with respect thereto by annulling the provisions of such final judgment or orders, or of both, directing payments of money for the support of the payee. The court in its discretion upon application of the payor on notice, upon proof that the payee is habitually living with another person and holding himself or herself out as the spouse of such other person, although not married to such other person, may modify such final judgment and any orders made with respect thereto by annulling the provisions of such final judgment or orders or of both, directing payment of money for the support of such payee.

Source: Section 248 — Modification of judgment or order in action for divorce or annulment, https://www.­nysenate.­gov/legislation/laws/DOM/248 (updated Jan. 29, 2016; accessed Oct. 25, 2025).

230
Required residence of parties 231
Residence of married persons 232
Notice of nature of matrimonial action 233
Sequestration of defendant’s property in action for divorce, separation or annulment where defendant cannot be personally served 234
Title to or occupancy and possession of property 235
Information as to details of matrimonial actions or proceedings 236
Special controlling provisions 237
Counsel fees and expenses 238
Expenses in enforcement and modification proceedings 239
Stay in divorce or separation action on default of payment 240
Custody and child support 240–A
Judgment or decree 240–B
Order of support by parent 240–C
Review and cost of living adjustment of child support orders 240–D
Support orders for certain adult dependents 241
Interference with or withholding of visitation rights 243
Security for payments by defendant in action for divorce, separation or annulment 244
Enforcement by execution of judgment or order in action for divorce, separation or annulment 244–A
Enforcement of arrears which accrue during pendency of an enforcement proceeding 244–B
Child support proceedings and enforcement of arrears 244–C
Child support proceedings and enforcement of arrears 244–D
Child support proceedings and enforcement of arrears 245
Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment 246
Persons financially unable to comply with orders or judgments directing the payment of alimony 247
Alimony or maintenance payments suspended during confinement in prison 248
Modification of judgment or order in action for divorce or annulment 249
Trial preferences in matrimonial actions 250
Agreements relating to marriage 251
Filing of order in family court 252
Effect of pendency of action for divorce, separation or annulment on petition for order of protection 253
Removal of barriers to remarriage 254
Confidentiality 255
Prerequisites for judgments under articles nine, ten and eleven of this chapter
Green check means up to date. Up to date

Verified:
Oct. 25, 2025

Last modified:
Jan. 29, 2016

§ 248. Modification of judgment or order in action for divorce or annulment's source at nysenate​.gov

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