Should I waitto file fora divorce until after my spouse gets a personal injury settlement?
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Should I waitto file fora divorce until after my spouse gets a personal injury settlement?
My husband is getting a settlement in a couple months due to him getting hurt at work. I have been a stay at home mom for 3 1/2 years to raise our son together. This past year I worked just 2 1/2 hours a day. I want a divorce from my husband, and he has everything vehicles bank accounts but I have my personal items along with my sons stuff. Am I entitled to any money from the settlement?
Asked on October 8, 2011 under Family Law, Iowa
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In answer to your question, if the award is to compensate for injuries, pain and suffering, loss of enjoyment, or medical bills (and they do not have any impact on the marital estate), then it is considered separate property and should be fully awarded to the injured person.
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