QUESTION
Contested or uncontested divorce taking in consideration there were no property prior to marriage and nothing sufficient during except settlement?
Asked on Jan 15th, 2014 on Divorce - New York
More details to this question:
Is a settlement to a single complainant civil suit, both initiated and settled in the scope of a marriage, considered a marital asset and therefore subject to equitable distribution in divorce proceedings in a non community property state? What, if any, deleterious effect does the duration of time between settlement award and filing for divorce have on the non-complaining party to the civil suits entitlement to a portion of the settlement through equitable distribution? Thank you
1 ANSWER
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It depends. If the civil suit was for worker's compensation or personal injury, then it could be viewed as completely separate property, particularly if the money was put into an account in one person's name and not mingled with the marital funds. I think the second part of your question is asking whether the spouse being divorced will have any advantage if there is a delay or not between the settlement and the Divorce Summons. I would suggest that the longer one person has the settlement money, the more likely it would get co-mingled. Sounds complicated so you should consult an attorney. Good luck!
Answered on Jan 17th, 2014 at 4:15 PM