QUESTION
Is his ex-spouse entitled to half or part of the settlement if they have been married over 10 years?
Asked on May 23rd, 2015 on Divorce - Nevada
More details to this question:
My son was involved in a car accident that will soon settle. The settlement was not included in the recent divorce as property. He has taken several advances on the settlement, all of which required his spouse's signature.
1 ANSWER
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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Your son needs to have a conversation with his divorce attorney. In very general terms, personal injury settlements are separate property. However, if a component of the settlement is for medical bills paid by the community while married, or for wages lost by the community while married, or if the wife was assigned debts that are supposed to be paid from settlement funds, there is an argument that some of the settlement is a community property asset.
Answered on May 28th, 2015 at 2:37 PM