Musta bigamist have the marriage annulled?
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Musta bigamist have the marriage annulled?
My husband married another woman 5 years ago while legally married to me. This other party has recently resurfaced wanting to have the marriage annulled; it was preventing her from marrying now. It was my understanding that this other marriage was null and void. This other party states that she has rights to my husband’s benefits, retirement, etc.
Asked on August 31, 2010 under Family Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
As a matter of law, only one marriage at time is valid. Therefore, the second marriage never happened. Therefore, as a matter of law, the second wife has no call or claim on benefits, retirement, etc. However:
1) As a matter of equity, a court (if she sues) could determine that your husband defraued her and has to pay a judgment to her (which could then clearly impact you).
2) If this other woman is listed as the wife on various benefit, insurance, etc. forms, bureaucracies being what they are, it could be difficult to correct that.
YOU should retain a family or matriominal attorney who can advise you as to any potentially liabilties, how best to protect your rights, and also how best to disentangle the situation.
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