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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If thinking of filing in NY...........can I get money back

Customer Question

If thinking of filing for divorce in NY...........can I get money back for rent my husband paid for a secret apartment, as a sugar daddy for money he paid that he wrote in emails being I am sure most was done with cash? I am thinking I am entitled to half the money spent after 40 years of marriage. Also he is out on bail which I posted using my home....can I have his bail revoked because he is going to "massage places" which is totally against the law?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

Rent Back

Possibly, yes. In New York, divorcing spouses may seek a “no-fault” divorce or a “fault” divorce. Fault includes adultery. The assets of the marriage are divided equitably (which means fairly). While normally this means close to 50/50, if adultery is proven, then the Court has discretion on how to divide the assets more in your favor, either by percentage, or by calculating how much money from the marriage was wasted on his dalliances.


This is a separate matter. Likely his bail would be revoked if he is caught in a compromising (and illegal) situation with a prostitute. A tip to a hotline and/or his PO (if he has one) may indeed have this happen.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!