Entries tagged with “Subsequent Marriage”

Maintenance and Child Support Payments to First Spouse Are Not Recoverable By Second Wife in Divorce

Posted by Daniel Clement on May 11, 2009
The Court of Appeals, New York’s highest court announced in a pair of cases that marital funds which were used to pay the separate obligations of one of the parties during the marriage could not be recouped in the divorce. This is a far reaching decision because, for instance, a second wife cannot now recover from her husband marital funds used to pay his first wife spousal maintenance or child support. In short, the divorce court should only consider the assets and liabilities existing at the time of the divorce. The Court in Mahoney-Buntzman v. Buntzman declared that: Courts... More
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