If I’m getting a divorce and my wife has a personal injury lawsuit, am I entitled to a portion of it?
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If I’m getting a divorce and my wife has a personal injury lawsuit, am I entitled to a portion of it?
My wife has a personal lawsuit when she got hurt at work. I just want to know if I’m entitled to a portion of it when we get divorced?
Asked on February 18, 2012 under Family Law, New Jersey
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you live in a community property state, community property is property acquired during marriage. This also applies to income during marriage. Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends. This also applies to income before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
A personal injury award is considered to be separate property even though the injury and/or the award occurred during marriage. As separate property, you would not have any claim to your spouse's personal injury award.
If you don't live in a community property state, other rules may be applicable.
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