Matrimonial Action Law and Legal Definition
A matrimonial action means an action brought to establish or alter the marital status of the parties. It is generally instituted for either separation, annulment, or divorce.
In Byrum v. Byrum, 110 Misc. 2d 628 (N.Y. Misc. 1981), the court observed that “the term matrimonial action is set forth in subd. 2 as actions for an annulment or dissolution of a marriage, for a divorce, for a separation, for a declaration of the nullity of a void marriage, for a declaration of the validity or nullity of a foreign judgment of divorce, for a declaration of the validity or nullity of a marriage, and to proceedings to obtain maintenance or a distribution of marital property following a foreign judgment of divorce".
Further in Sullivan v. Sullivan, 201 A.D.2d 417 (N.Y. App. Div. 1994),the court observed that ‘a matrimonial action includes proceedings to obtain maintenance or a distribution of marital property following a foreign judgment of divorce. The availability of equitable distribution is the critical factor in determining whether the commencement of a particular type of matrimonial action will act as the cutoff date’.
