Can I get money back that was split during the divorce if she was cheating?

My wife and I married in one state and got a divorce through another state. We were both in the military and were separated. She wanted to get a divorce 2 years  agoand we split our bank account. Is there anyway to sue or get that money back since new evidence has come out that she was cheating on me during our time married? I want to receive the money that was split due to the fact she was cheating and dating someone else.

Asked on November 10, 2011 under Family Law, New York


S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The answer most likely is no. I am not sure where you in fact got divorced. In New York, once you sign a Stipualtion of Settlement, it is nearly impossible to undo the terms of an agreement without showing that you were coerced, under duress or that the agreement was just unfair. An additional grounds would be that your ex-wife fraudulently misrepresented her financial information on her net worth affidavit, thus omitting material assets which caused you to settle for the terms you did. The mere fact taht she withheld an affair is insufficient unless you could show a gross wasting of assets which went undisclosed throughout the marriage. I am not sure of the overall circumstances surrounding your divorce and your settlement but it may be that even with the knowledge of the affiar prior to the settlement, that the agreement would still be appropriate as New York does not consider affairs as making much of a difference on property settlements unless there exists marital waste.

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