Personal injury and divorce

Business 3 views 5 answers
Got hit by a car while my soon to be x husband and I were engaged. Received settlement check after we got married. Being now we're getting divorced and I'm single mom, does he get any of my settlement check ? He's contributed nothing to the marriage (6 months).

Attorney Answers

5
Eliot Wolf ·
This may depend in part on if the monies were kept separate among other things but personal injury proceeds are generally not considered marital property. Speak to local divorce lawyer., what they were
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Eric Rothstein ·
Personal injury settlements are not marital property if you kept the money in a separate account. If you put the money in a joint account it may have become a marital asset.
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Ira Treuhaft ·
Since you have a short marriage, unless you have commingled the monies, then there is less of a chance that he will have a claim to it. I strongly suggest you retain counsel and plot your moves strategically.
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Howard E. KnispelDivorce / Separation LawyerCommack, NY ·
Unless a portion of your settlement was earmarked as lost wages or loss of consortium, which are rare. the settlement is likely separate property.
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Henry Lung ·
Your marriage was so short that any claim that your soon-to-be-ex-husband makes for 'equitable distribution' (including your settlement check, any share of your retirement/bank accounts/real estate/other types of assets) is pretty much not going to go anywhere. Unless this guy is truly a bastard, I do not think that he will spend a lot of money on a lawyer to try to seek a division of your assets, 99% of which must be pre-marital. I think that you will be fine but if complications arise, you can always post again. Neither of you should be receiving maintenance aka alimony from the other spouse either.
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