Legal Question in Family Law in New York
Benefits after death of spouse if spouse wasn't divorced when we were married
My friend's husband recently died. They were married for 9 years right through his death. During his funeral another woman who was his first wife came forward and claimed that she was his rightful wife; they had never filed an official divorce. Would my friend's marriage be void? Who would have a claim on his estate given that he has no will? What about his social security benefits and pension from his job?
2 Answers from Attorneys
Re: Benefits after death of spouse if spouse wasn't divorced when we were married
The second marriage would be void if the husbsand was never divorced. That said, there may be an action for fraud.
Daniel Clement
Re: Benefits after death of spouse if spouse wasn't divorced when we were married
I disagree with my colleague, unless he suggests the 1st wife is guilty of fraud!
This question has been faced by many modern courts and all have found the sevcond marriage is valid and controls.
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