1. The Compulsory Disclosure Mandate (§ 236(B)(4))
New York Domestic Relations Law § 236 Part B(4) establishes that in all matrimonial actions: "There shall be compulsory financial disclosure, where alimony, maintenance or support is in issue." This requirement is non-waivable except by express written stipulation upon full judicial colloquy.
2. The Automatic Orders (DRL § 236(B)(2)(b))
Simultaneously upon service of the summons, statutory Automatic Orders immediately bind both parties. The Automatic Orders strictly prohibit:
- Transferring, encumbering, concealing, or disposing of any marital or separate property without court order or written consent;
- Incurring unreasonable debts;
- Removing the other party or children from existing health, dental, or life insurance coverage;
- Modifying life insurance beneficiary designations.
3. The 10-Day Pre-Conference Exchange Rule
Under 22 NYCRR § 202.16(f)(1), both parties must exchange sworn Statements of Net Worth and supporting tax documents at least 10 days prior to the scheduled Preliminary Conference. Failure to timely serve these documents authorizes the court to draw adverse financial inferences or award counsel fees.
4. Sanctions for Willful Non-Disclosure (§ 202.16(m))
When a party fails or refuses to make honest disclosure, New York courts possess broad enforcement authority under CPLR 3126, including issuing orders of preclusion preventing the non-compliant party from offering financial evidence or asserting separate property claims at trial.