Legal Question in Family Law in New York
Scenario: A wife files a divorce in NY state on grounds of adultery. There are no minor children involved. The wife has a substantial income as a realtor along with a rather large inheritance. The husband who worked on construction was retired and receivin social security as well as a pension. Basically, the wife was more financially well off than the husband.
The results of the divorce granted basically a split of all marital property; however the wife was allowed to keep the entire inheritance therefore the husband did not receive any of it.
Unfortunately, the wife was also granted 1/2 of the husband's pension.
Shortly after the divorce, the wife within a matter of weeks gets married raising everyone's suspicion that SHE was the one committing adultery.
Is there any motion or appeal to revisit the decision based on the fact that the wife was in fact the adulterer? Also, any statute of limitations to appeal if in fact an appeal is permitted?
1 Answer from Attorneys
A spouse is not entitled to the inheritnce of the other spouse as long as the monies are kept separate. A spouse is usually entitled to 50% of the marital portion of the other spouses pension.
You will waste your time trying to undue the judgmemt to prove she was the adulteror as that type of "fault" does not effect equitable distribution.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
