Hi,
I’m John (1 child) and my wife cheated with Mike(paramour).
Mike is also married to Annette (4kids).
If I sue Mike, his wife Annette will find out about the affair
and try sue my wife Lisa!
When a judgement awards $ damages does the judgement go
against the marital assests of the cheater or just individual personal
assests or income.
Obviously I don’t want to sue Mike if his wife can come back and sue
my wife and collect possibly even more than I did against our maritial assests - ending up worse off in the end!??
If I do nothing and try to work it out with my wife Lisa, but Annette later, (within 3 years statute) sues my wife, am I vulnerable to loose too thanks to my wife cheating? If this is true I need to add this to my considering not trying to save the marriage after the affair knowing there is a potential suit coming from Annette that could hurt me;where as not if I seperate?
postnup agreement? divorce my wife first?
Need to know if judgment can collect against marital assests or just income of paramour so as to not hurt the inocent spouce financially?
Signed,
Screwed No Matter What?
In a nutshell, no I do not think a judgment against your wife would result in her being required to liquidate marital assets. But, if a asset was in her name alone and could be identified, it is possible it could be ordered to be sold to satisfy the judgment. Example: A beach house that she has titled in her name, but that you both use would be at risk. A car, titled in her name with no loan would be at risk.
But, isolation can be problematic. If she is sued, even if she has a stream of income I would assume she would have to expend her own money defending herself. Money that could be used for “marital” purposes. If she does not have her own income stream then someone has to pick up the tab for the defense. Those things are not cheap.
It doesn’t sound like you are currently separated. If you’re still living together, then technically, you’ve forgiven the affair. Once you separate (if you separate) then money is separate from that point apart from eventual ED monies.
I think what you need to ask yourself is are you wanting to save your marriage? If the answer is yes, then the other wife may never find out about the affair. If you don’t want to repair your marriage, then you need to separate, and establish separate financial accounts. I do not believe the other party can sue your assets. Assets split in ED may be considered, but only your wife’s part.
This process of suing is expensive for both parties. AND it’s very very emotional for all parties.
If you’re wanting to end your marriage, then you won’t have to be concerned about alimony. The fact that she did it and you know it and have to power to sue the 3rd party should persuade her not to even consider making a claim for alimony. Once your separated, then if your STBX gets sued, then she’s on her own.
A judgment for alienation of affection can only be executed on the property of the defendant, martial property is not subject to these suits, though title to property can become an issue just as don5327 stated in his post.
In order to protect yourself you will need to file an action for equitable distribution of the marital property. The court will divide all property which was acquired during the marriage (regardless of how it is tilted) between you and your wife. Normally equitable distribution is presumed to be equitable when each spouse receives 50% of the total marital estate.