I have a Large Personal Injury Settlement, I Want to File for Divorce, but I Don’t Want my soon-to-be-Ex to get half. Will they?

Dear Attorneys,

I received a large personal injury settlement last year. I want to file for divorce, but I’m worried that my soon-to-be-ex will get half of it. Will he?

Sincerely,

Personally Protective

Dear Personally,

That may be a complicated answer. The settlement was received during your marriage, so it will likely be considered a marital asset. However, it was personal to you. What was the judgment comprised of? If it was for physical pain and/or suffering and/or to cover the cost of ongoing healthcare, that portion would likely remain yours. However, if a portion of the settlement is considered lost wages, then that could be taken into account, depending on how your assets are held and how you made “ends meet” during that timeframe. That said, another factor may be the length of your marriage. If you had a long-term marriage and money was co-mingled, it may be a different scenario than if you had a very short-term marriage.

Wolf & Shore Law Group is here to make your divorce matter easier, not harder. We have negotiated numerous divorce settlements and have addressed this issue many times. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.

Very Truly Yours,

Wolf & Shore Law Group

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*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.