If I will soon be receiving a settlement, is my husband entitled to any of it, either before or after our divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I will soon be receiving a settlement, is my husband entitled to any of it, either before or after our divorce?
I left my husband 7 months ago. We have been to mediators to solve most issues (no kids). Since then I have been in a horrific accident – a drunk driver hit me on a major interstate. I now have herniated discs, and attend therapy 3 times per week.
Asked on October 31, 2011 under Family Law, New Jersey
Answers:
Kenneth A. White / THE LAW OFFICES OF SHANE AND WHITE, LLC
Answered 13 years ago | Contributor
Any funds recovered to compensate you for paid and suffering are not subject to equitable distribution and therefore your husband would not be entitled to any portion of such funds. Money recovered by way of a law suit for lost wages or reimbursement of medical expenses may be subject to equitable distribution.
If the accident and therefore your right to receive any benefits accrued after you marital relationship ended you may be able to claim that the accident and its' financial benefit to you are not part of the marital estate and therefore are of no consequence at all.
If I can be of further assistance, please do not hesitate to contact me.
Kenneth A. White, Esq.
Shane and White, LLC
1676 Route 27
Edison, New Jersey 08817
(732)819-9100
Kenneth A. White / THE LAW OFFICES OF SHANE AND WHITE, LLC
Answered 13 years ago | Contributor
Any funds recovered to compensate you for paid and suffering are not subject to equitable distribution and therefore your husband would not be entitled to any portion of such funds. Money recovered by way of a law suit for lost wages or reimbursement of medical expenses may be subject to equitable distribution.
If the accident and therefore your right to receive any benefits accrued after you marital relationship ended you may be able to claim that the accident and its' financial benefit to you are not part of the marital estate and therefore are of no consequence at all.
If I can be of further assistance, please do not hesitate to contact me.
Kenneth A. White, Esq.
Shane and White, LLC
1676 Route 27
Edison, New Jersey 08817
(732)819-9100
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.