Legal Question in Family Law in New York
finalizing divorce
Wife & I are legally separated since 1995. I followed separation agreement to the ''t'' (maintenance, paid bills, took care of college expenses, etc) , now children are emancipated & I want to sell house as directed by separation papers and finalize divorce. Wife doesn't want to leave house. Can she be forced to leave? Are we both legally bound to fulfill the separation agreement from 1995 or can it's details (like health coverage, alimony) be renegotiated before the divorce is finalized?
1 Answer from Attorneys
Re: finalizing divorce
Yes, your Ex can be compelled to leave and sell the premises. Although, You may need to file a Court Motion to Enforce the terms of your Divorce Judgment, to make her sell and leave.
Alternatively, you may agree to SELL your share and interest in the premises, to your Ex and give her a reasonable time to obtain financing. Which would also finally, relieve you of further financial ties to your EX, consistent with your divorce judgment.
But for exceptional circumstances, a spouse's obligations to the other spouse re property, assets, support, health care coverage, etc., that are Settled and covered in a final judgment for divorce, are not revisited or changed, at a later date, by the Court.
Good luck,
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