QUESTION
my wife and i are married, she got into a car accident and will receive money in the future. the car is in my name, the insurance is in both of our
Asked on Aug 11th, 2012 on Divorce - New York
More details to this question:
names....we are currently getting a divorce. the divorce will be finalized before she receives her money. am i entitled to half that money considering she got into car accident when we were marrieed???
2 ANSWERS
Personal Injury recoveries are not marital property, and are not subject to equitable division.
Answered on Aug 14th, 2012 at 1:41 PM
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It may be difficult to say from your facts, but generally, personal injury awards are not viewed as marital property. You may have some claims arising from your wife's injury (e.g. loss of consortium). If you have such secondary claims and any of the award is based on those claims then you should speak with a lawyer because you may have a claim to some of the award.
Best Regards,
Morghan Leia Richardson, Esq.
Richardson Legal PLLC
31-08 Broadway, Suite 204
Astoria, New York 11106
www.RichardsonLegalPLLC.com
Tel: 212-537-6744
Fax: 212-574-3337
Answered on Aug 13th, 2012 at 11:26 AM