An elderly Long Island, New York, woman wanted to ensure her estate plan was all set, providing her assets to her four children after her death. But to do that, she had to divorce her husband first.

The 79-year-old woman is believed to be the first spouse to receive a no-fault divorce in a case where both sides were at odds over a division of property and money. New York revised its divorce laws in late 2010 to allow one spouse to make a compelling argument that the marriage had been broken down for at least six months. Previously, spouses had to prove grounds, such as abandonment or adultery, for a judge to grant a divorce.

The woman told a Suffolk County justice that there was nothing left to her 56-year marriage. The judge agreed, saying the two are merely housemates who spend no time together, sleep in separate bedrooms and dine alone. Despite the woman's failing health, her husband has not had any concern for her medical care for at least 10 years and has not participated in medical decisions, according to the judge.

The husband told the judge he didn't want to lose half of his assets to the divorce. The wife said all she wanted was to make sure her estate plan could be updated so that her children would receive her share of the divorce settlement.

The woman's daughter said the judge's decision delighted her mother, who had been trying to divorce her husband for more than 20 years. Her father, she said, had always threatened the mother she would not receive any of their assets in a divorce.

While it seems like a drastic step to protect how assets will be passed, it is a consideration the woman had to make if she wanted her kids to avoid messy probate litigation after her death.

Source: New York Post, "First no-fault divorce granted," Erin Calbrese, Jan. 26, 2012