New York § 239 - 239Stay in divorce or separation action on default of payment
Full text of New York New York Consolidated Laws § 239 — 239Stay in divorce or separation action on default of payment, with citation guidance and answers to common questions.
§ 239. 239Stay in divorce or separation action on default of payment
§ 239. Stay in divorce or separation action on default of payment. In an action for divorce or separation the court or the judge thereof may refuse to grant an order to stay proceedings, where the only default is the failure of a spouse to pay alimony, maintenance or counsel fees due to his or her inability to make such payments. In no event shall a spouse who has been imprisoned for contempt of court for failure to pay alimony, maintenance or counsel fees or by virtue of an order of arrest as a provisional remedy under the civil practice law and rules be stayed from proceeding with the prosecution or defense of an action where the only default is the failure of such spouse to pay alimony, maintenance or counsel fees.
Source: official New York text · Last verified 2026-08-27
Frequently Asked Questions About New York § 239
What does New York Consolidated Laws § 239 cover?
Section 239 ("239Stay in divorce or separation action on default of payment") is part of the New York Consolidated Laws, the codified statutory law of New York. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New York § 239?
A common citation format is "New York Consolidated Laws § 239" (New York). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New York law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New York official source linked on this page or consult a licensed New York attorney.
How does New York § 239 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New York can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New York.