QUESTION
compensation for lawsuit if i file for divorce?
Asked on May 25th, 2017 on Divorce - New Jersey
More details to this question:
my husband was injured at work and is in the process of a lawsuit with his employer, we have been married for 6 years and were married when the accident happend. will the outcome settlement of the lawsuit be considered a asset to divide evenly if i file for divorce?
2 ANSWERS
Anthony Van Zwaren
When you fill out the case information statement with your divorce complaint and other filings with the court during the divorce proceedings, each party has to list their assets as well as liabilities. Under contingent liabilities, ongoing lawsuits are among the sources of potential income that should be listed. If the accident and lawsuit arose during the course of the marriage it is a potential source of income. As Ms. Anderson mentions, this would be for lost income and things like medical expenses, but not necessarily for something like pain and suffering.
Answered on Jun 02nd, 2017 at 9:22 AM
2 Awards
It depends. If the compensation in in replacement of lost income, for example, you might be able to receive part of it. It will be counted as an asset and may be included in equitable distribution.
Answered on May 28th, 2017 at 6:17 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship