If I divorce my husband, will he have rights to a settlement that I am to receive?
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If I divorce my husband, will he have rights to a settlement that I am to receive?
I have a pending lawsuit settlement; is he entitled to any of it? What if we are separated?
Asked on February 19, 2011 under Family Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Colorado is an equitable distribution state when it comes to the division of marital assets. That means that assets are divided equitably but not necessarily equally. During a divorce assets are divided in to marital property and separate property. Only marital assets are divided. Some states consider proceeds from a personal injury action, say, to be separate property (like New York). Colorado defines separate property as follows:
"Separate property not subject to division includes inheritances, property owned prior to the marriage, gifts, property acquired after a legal separation, property excluded by a valid agreement. [Based on Colorado Revised Statutes 14-10-113]. "
Speak with an attorney in your area and give him or her the details of the lawsuit that are not given here. Then figure out how you will proceed.
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