§ 239. Stay in divorce or separation action on default of payment. In\nan action for divorce or separation the court or the judge thereof may\nrefuse to grant an order to stay proceedings, where the only default is\nthe failure of a spouse to pay alimony, maintenance or counsel fees due\nto his or her inability to make such payments. In no event shall a\nspouse who has been imprisoned for contempt of court for failure to pay\nalimony, maintenance or counsel fees or by virtue of an order of arrest\nas a provisional remedy under the civil practice law and rules be stayed\nfrom proceeding with the prosecution or defense of an action where the\nonly default is the failure of such spouse to pay alimony, maintenance\nor counsel fees.\n
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