QUESTION
My husband is expecting a medical settlement would that be considered marital property?
Asked on Dec 06th, 2012 on Criminal Law - Montana
More details to this question:
He is suing for medical recourse, would the settlement payout be considered marital property.
13 ANSWERS
Daniel P. Mitchell
This is a family law question.
Answered on Apr 24th, 2013 at 2:39 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes, if the cause of action arose, or the suit was filed, prior to the commencement of marital litigation.
Answered on Dec 07th, 2012 at 12:58 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Probably. But if this is a substantial sum you ought to have counsel advise you.
Answered on Dec 07th, 2012 at 12:57 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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That depends upon a number of factors, but generally no.
Answered on Dec 07th, 2012 at 12:57 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, settlements of that nature are considered personal property, not marital property.
Answered on Dec 07th, 2012 at 12:57 PM
Thomas Edward Gates
No, it is personal property.
Answered on Dec 07th, 2012 at 2:11 AM
Michael J. Breczinski
The amount that is for injuries I do not think so. The amount for lost wages probably.
Answered on Dec 07th, 2012 at 1:55 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Yes. The settlement will be considered in the divorce as an asset. Consult with an attorney to discuss how this can affect the property settlement.
Answered on Dec 07th, 2012 at 1:55 AM
Ronald A. Steinberg
Hard to answer! Did the problem(s) that resulted cause YOU any problems? If so, then perhaps you would have a claim. Now, once the money is into the family coffers, then I guess you have a claim. Talk to a divorce attorney, because that is where I see this going.
Answered on Dec 07th, 2012 at 1:53 AM
Michael Paul Vollandt
It is a complex question. Most of it will be his if it for pain and suffering. Lost wages are community, disability is even more elusive.
Answered on Dec 07th, 2012 at 1:52 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Without details it is impossible to answer your question. I would have to see the terms and purpose of the settlement. His personal pain and suffering might be his, but wage loss is another matter. See an attorney.
Answered on Dec 07th, 2012 at 1:51 AM
Payment for bodily injuries is personal and not community law property.
Answered on Dec 07th, 2012 at 1:36 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No, but your divorce judge won't ignore it either. If the injury caused erectile dysfunction, you may be entitled to compensation if the deadlines haven't expired.
Answered on Dec 07th, 2012 at 1:00 AM