Be glad Colorado is a no-fault state, in New York a spouse can go after your kidney
Some states are considered “fault” states. The general idea here is that if one party behaves poorly, the court may consider this marital misconduct when they award marital assets and debt. In the State of Colorado, marital misconduct is not considered by the Court in a determination of what is a fair and equitable distribution of marital property. Many people are upset by this, especially when the need for the divorce is that the other party has been cheating, drinking too much, etc.
In a recent divorce case in New York, a prominent surgeon demanded the kidney back which he had previously donated to his wife, or he wanted 1.5 million dollars in return. This case received a lot of press, mostly due to the absurdity of the idea that one should be cut open to return a kidney as a result of divorce.
He did not really want his kidney back. The thrust of his argument was marital misconduct. He claimed that she had been cheating on him all along, used him for his kidney, then filed for divorce and would not let him see their children after she had it. The fact that she now had the kidney added to her life span and earning ability, while the fact that he was short a kidney would potentially limit his earning ability, shorten his life span, and generally lower his quality of life. His real argument was that, because she has behaved poorly, he should be awarded a larger portion of the marital property, she should receive less, and the value of his kidney ought to be counted on her side of the “assets.”
For a link to this story:Â http://www.newsday.com/long-island/man-wants-wife-s-kidney-back-or-1-5m-1.885629
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