Section 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.