Does A Divorce Case End If One Party Dies?

A New York judge has ruled that a widower cannot claim his wife's assets, approximately a year after she committed suicide.

Aleida Veronica Bordas, a teacher and naval reservist, filed for divorce from her estranged husband, David Bordas, in September 2012. In April 2013 she committed suicide, but not before she cut him off from receiving any proceeds from her estate. Bordas left $500,000 to her 10 and 13 year-old daughters, children she shared with her estranged husband. She also indicated that if the girls were to be unable to receive the money it would go to her boyfriend.

David filed a motion in January, as part of ongoing divorce proceedings, which said that his deceased wife had unlawfully moved money which should have been part of the couple's divorce. But, ruling against the man, Supreme Court Justice Paul Marx said that though "it is regrettable that Aleida violated the automatic orders and seems to have reached beyond the grave to thwart David's efforts to recover his share of her assets, this court is unable to remedy the violation in this proceeding."

At issue is whether or not a divorce case ends when one party dies. Andrea Catalina, attorney for David Bordas, believes that is does not, in contrast with Justice Marx. Bordas and his attorney are reportedly considering an appeal.

As experienced divorce attorneys this could be a serious issue that requires legal expertise and aggressive litigation. If you are facing an issue similar to this and you require legal assistance, please do not hesitate to contact our New York City divorce law firm.

Categories: Divorce