Am I entitled to half of my spouse’s lawsuit settlement?

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Am I entitled to half of my spouse’s lawsuit settlement?

She left me almost a year ago. When we were together she excepted a delivery job in another state. We went and lived in our in the dead of winter. She then got fired and is suing her boss for around $200,000. It’s a long story but she’s going to win. Am I entitled to half? And ,if I am, how do I make sure that I get it?

Asked on May 27, 2018 under Family Law, Oregon

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An award from an employment lawsuit might be considered a form of wages and therefore could be catorgarized as marital property. Accordingly, it such proceeds could be divided in a divorce. However, without knowing all of the details of the case it is hard to say for sure. At this point, you should consult directly with a divorce attorney in your area. After reveiwing all of the details of your case they can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An award from an employment lawsuit might be considered a form of wages and therefore could be catorgarized as marital property. Accordingly, it such proceeds could be divided in a divorce. However, without knowing all of the details of the case it is hard to say for sure. At this point, you should consult directly with a divorce attorney in your area. After reveiwing all of the details of your case they can best advise you further.


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