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It depends on the law in NY State. But as I understand it in CA if they are seperated then she is not entitled to anything.
They would both have to prove the state of the relationship at the moment he bought the ticket.
Might be best to offer her a settlement to go away, especially if you consider what the lawyers will cost and the fact that he will be paying for his and might under divorce law pay for hers as well.
If he's not paying for hers who is or is the lawyer on a cut of the proceeds? He will be very interested in getting a quick settlement.
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