Equitable Distribution


#1

I used this forum when I was divorcing and found it very helpful. My question is now for my friend.

After 45 years of marriage the husband (65) left the wife (62), admitting to an affair with a much younger woman (39) and also admitting to multiple affairs during the marriage. They have a house with a mortgage, which she occupies. There is equity in the home and they both have money in separate retirement accounts. He retired at 55, she at 62. She has more in her account than he.

Does she have any leverage with regards to having to split the equity in the home and/or having to share any of her retirement with him, since he left the marriage and committed adultry ? Can she sue for alenination of affection?


#2

I’m not quite sure what your question about equity is, but every party has a right to the division of property, and there are equitable distribution factors that the court takes into consideration when determining what division of property is equitable. Nothing you have said indicates that she has a specific factor in her favor, but that would be better determined after knowing all the facts.

Affairs come into play when alimony may be payable. If the husband was a supporting spouse, she should receive guaranteed alimony.

Yes, she can file a alienation of affections claim, but the real question is whether it is worth it from a financial standpoint.