I received a large settlement from a accident and am now going through a divorce. Does he get half of the settlement l received?
2006-11-03 10:01:31 · 12 answers · asked by Nancy G 1 in Family & Relationships ➔ Marriage & Divorce
This is a tricky issue. Any property received while married is considered maritial property and subject to division by the court. So, he would have a right to claim a portion of it. This is the "legal" answer. However, our courts consider both law and "equity" (fairness). Even with a legal claim, he could be barred from asserting that claim if you use equitable defenses. Since a large personal injury settlement could include permanent disability, disfigurement, loss of income, etc., it would be payment for losses incurred after the divorce. Equity would step in and bar him from claiming it legally. If he's divorcing you, the argument is even stronger. The terminology for this equitable argument would be estoppel. There are many, many equitable arguments. Any good attorney can fill you in on the rest.
2006-11-03 10:27:58 · answer #1 · answered by antirion 5 · 0⤊ 0⤋
sure does,bset bet would be to work out divorce details before court. Use a paralegal or attorney, depending on cost, to do paperwork. You may be able to strike a deal without losing too much of your settlement; like keeping your settlement in exchange for no spousal support, etc. Good luck
2006-11-03 10:10:28 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
Grab the yellow pages and find a lawyer, it is going to vary state to state, it depends on what kind of settlement. It may also hinge on whether you deposited the funds in a joint account.
You need professional advice for your state laws.
2006-11-03 10:06:08 · answer #3 · answered by OleMarbleEyes 5 · 0⤊ 0⤋
I believe so yes, depending on what type of settlement. However if it's for future medical care, then I wouldn't think he was entitled to it. You need to get an exceptionally good lawyer to help you with this. good luck.
2006-11-03 10:03:40 · answer #4 · answered by sassybree1979 5 · 0⤊ 0⤋
I was told no, they cannot get that kind of money. Just to be on the safe side tho, check with an attorney. Good luck.
2006-11-03 10:09:45 · answer #5 · answered by ? 6 · 0⤊ 0⤋
Yes. It's community property.
2006-11-03 17:35:33 · answer #6 · answered by californiarad 2 · 0⤊ 0⤋
he sure can. if he fights for it. anything obtained during a marriage is community property. including debt. medical assistance doesn't count though. you can fight it though. get an attorney for that one.
2006-11-03 10:14:22 · answer #7 · answered by Bella 5 · 0⤊ 0⤋
I want to ask the same question as the op.
2016-08-14 05:41:51 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes it is. Any thing you acquired during marriage she is obligated to.
2006-11-03 10:03:46 · answer #9 · answered by lifescircle 5 · 0⤊ 0⤋
If he has a good attorney, then yes.
2006-11-03 10:04:11 · answer #10 · answered by yourluckystar69 1 · 0⤊ 0⤋