Legal Question in Family Law in New York

Undisclosed assests by ExHusband

I left the maritial home January 2001, there was a separation agreement filed July 2001 and a final divorce filed March 2002. The marriage was in NY as was all the legalities of the divorce. I signed papers believing what was stated in them to be the truth.

I was maybe too trusting in that I believed my ex when he told me we had no assests, he lost all the money in the stock market. Now I have reason to believe via our last income tax return of 2000, filed jointly there was a large some of money.

Do I have any legal recourse?


Asked on 1/31/06, 4:59 pm

2 Answers from Attorneys
John O'Donnell Attorney at Law

Re: Undisclosed assests by ExHusband

I would agree with my colleague. However, I would add that if you were represented by an attorney, you may have a legal malpractice claim.

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Answered on 2/01/06, 10:33 am
Glenn Dornfeld Glenn E. Dornfeld, Esq.

Re: Undisclosed assests by ExHusband

I'm sorry to have to give you bad news, but the courts frown on re-opening cases to re-adjust equitable distribution.

This doesn't mean you'd have no chance whatsoever, but my guess is that you'd have to be able to very clearly prove intent to defraud you. I think that might be difficult to do.

If, at the time you signed the agreement, your husband had a lawyer and you didn't, I imagine that this would increase your chances somewhat.

Best of luck.

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Answered on 1/31/06, 5:10 pm


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