Can I go after my husband’s mistress finacially?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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