New York Divorce Lawyer Blog
Family law disputes do not always end with divorce or death. In many cases, unresolved marital agreements resurface after a spouse passes away, placing surviving family members in prolonged litigation. A recent New York decision illustrates how prenuptial agreements, marital housing rights, and waiver of spousal interests can become central family law issues long after a marriage has ended by death. If you have questions about your rights regarding a prenuptial agreement, it is critical to consult an experienced New York family law attorney to protect your interests.
Case Setting
It is reported that the plaintiff commenced an action seeking possession of a cooperative apartment following the death of the decedent. Allegedly, the defendant was the decedent’s surviving spouse who continued to reside in the apartment despite prior court proceedings addressing her rights under a marital trust and a prenuptial agreement.
It is alleged that earlier litigation determined that the defendant could not compel the cooperative to transfer the apartment shares into a marital trust and therefore had no legal right to occupy the apartment. Following that determination, the plaintiff sought ejectment and a declaration of exclusive possession.
Reportedly, the defendant responded by asserting counterclaims, alleging that her waiver of spousal inheritance rights was invalid for lack of consideration and that the prenuptial agreement obligated the plaintiff to provide a comparable replacement residence. The trial court entered a default judgment on the ejectment claims and dismissed all counterclaims, prompting the appeal.
Rights Granted Via Marital Agreements
On appeal, the court affirmed the trial court’s ruling granting possession of the apartment to the plaintiff. The court emphasized that once it was conclusively determined that the defendant had no legal right to occupy the marital residence, ejectment was appropriate.
The court reached a different conclusion with respect to several of the defendant’s counterclaims rooted in marital agreements. The court held that claims seeking relief under the prenuptial agreement and challenging the effectiveness of the defendant’s waiver of spousal rights were not barred by prior estate litigation. These claims were personal to the defendant as a surviving spouse and were distinct from the fiduciary claims she previously raised in her capacity as trustee or estate representative.
The court further explained that these family law–driven claims were not ripe until there was a final determination that the defendant had no right to remain in the apartment. Only then could she meaningfully assert her contractual right, if any, to a replacement residence or other marital consideration promised under the prenuptial agreement. As a result, the court reinstated certain counterclaims while affirming dismissal of others that had already been conclusively resolved, including claims related to reimbursement of housing expenses and continued occupancy.
Meet with a Trusted New York Family Law Attorney
Family law issues often intersect with estate and property disputes, and missteps at any stage can significantly affect a surviving spouse’s financial security. If you are facing a dispute involving marital agreements, spousal waivers, or post-marital housing rights, Attorney Ksenia Rudyuk of Rudyuk Law Firm can help you understand how New York family law applies to your situation. To schedule a consultation, contact Rudyuk Law Firm at (212) 706-2001 or complete our online form.