Damn, that's a tough one. I feel for the guy, but I think once she decided not to invest with Madoff and he chose to keep his funds there, she should be absolved of the risk/loss. It's kind of hard to argue with this point:
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Just as she would not have benefited from any increase in the value of the account, she should not have to bear the burden of its loss," she wrote. "Steven received exactly what he bargained for. He alone took on the risk that he might not be able to recoup his investment.
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In no way is it "fair", but I think it's the only ruling that would not have long-lasting negative effects on the legal system. Madoff screwed a LOT of people out of their money, but this time someone snuck out under the wire and the other half of the couple is getting hosed.