Can I go after my husband’s mistress finacially?

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Can I go after my husband’s mistress finacially?

My husband withdrew 52,000 from 401K to lend mistress who buys and flips houses. We are getting a divorce, can I sue her?

Asked on June 29, 2018 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot go after her financially: she has no duty or obligation to you, and so did nothing wrong in accepting money from him. Only if a person violates some duty imposed by law or contract can you sue them, but as stated, his mistress owed you no duty. However, in the divorce, the court can take this into account when dividing assets and give you more money/assets to compensate for the fact that he has already taken $52k out for his benefit (giving it to his mistress is for his benefit).


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