Legal Question in Family Law in New York
Common Law
My father married a woman over 45 years ago. Never lived with or divorced this woman. He had 2 kids with her prior to marrying her He has lived with my mother (unmarried) for those 45 years. Had 3 kids with my mom.
Is he still considered married to the other woman? Is she entitled to any of his money? He is now 74 years old.
3 Answers from Attorneys
Re: Common Law
Q.Is he still considered married to the other woman?
A. Yes.
Q. Is she entitled to any of his money?
A. She is entitled to a right of election (a percentage of his estate) upon his death. She probably is not entitled to money upon a divorce (equitable distribution).
Mike.
Re: Common Law
If he did not get a divorce legally, and have a divorce decree issued, he is still married. Of course she is entitled to some of his money.
Re: Common Law
Yes, he is still married and if he dies without a will she, and all 5 children, will divide up his Estate. Your Mother would receive nothing.
BTW, New York does not recognize common law mariage even if he wasn't already married.
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