Even though a Husband violated a Court Order, because the asset was not considered when drafting the parties' agreement, the Wife lost her right to the asset.

May 15, 2017

Be careful when a case is settled. In Dindiyal v. Dindiyal, affirmed by the Second Department in April 2017, the Husband changed the beneficiary of his life insurance policy after the parties' commenced their divorce action, which is a violation of a Court Order. The parties resolved their action and in their stipulation of settlement there was no mention of the Wife's right the life insurance and the Court found that since the agreement stated that the parties were aware of each other's assets and that the had been divided to their satisfaction, the Wife waived the life insurance.

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