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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I was divorced July 1998. Both parties remarried to others

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I was divorced July 1998. Both parties remarried to others in 2006 or earlier.

The divorce provided a division of property. In addition the decree provided insurance OR Survivor Benefits (Government Program). My former spouse asked the court in 2010 to reconsider and delete the requirement for Survivor Benefits. The judge ruled in favor of my former spouse.

My former spouse passed away September 2010. Can the wife of my former spouse now sue me for any of the property awarded to me in the 1998 decree.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, the former spouse's wife has no right to sue you for any claims frm the prior decree. There are many reasons for that, but one is the fact that the decree, once granted, became final. The second, and equally important claim is that the other party had no standing to contest the decree, if anyone needed to claim that the decree is somehow improper it would have been either you or your spouse. Once a formal property settlement takes place, it is final and binding, a new party cannot choose to sue over this settlement that took place 15 years back. So no, the wife has no basis to sue here.

Good luck.

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