If my estranged husband is getting an accident settlement, am I entitled to any of it?

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If my estranged husband is getting an accident settlement, am I entitled to any of it?

My husband and I been married for 4 years but not together for 3; we are not legally seperated. He is getting a large settlement for being hurt in car accident.

Asked on March 30, 2012 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This can be a very complicated issue when parties live together.  Here you do not which further complicates the matter.  The general rule is that compensation for personal injury cases is separate property, but only that part which constitutes punitive damages and pain and suffering. In other words, if the award is for lost wages that would be marital property as wages - or money earned during marriage - is marital property.  The date the court determines that you marriage officially ended will then also determine if the funds that are for lost wages will be split between you.  Seek legal help here.  Good luck.

 


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