If I divorce my husband, will he have rights to a settlement that I am to receive?

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If I divorce my husband, will he have rights to a settlement that I am to receive?

I have a pending lawsuit settlement; is he entitled to any of it? What if we are separated?

Asked on February 19, 2011 under Family Law, Colorado

Answers:

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

Answered 10 years ago | Contributor

Colorado is an equitable distribution state when it comes to the division of marital assets.  That means that assets are divided equitably but not necessarily equally.  During a divorce assets are divided in to marital property and separate property.  Only marital assets are divided.  Some states consider proceeds from a personal injury action, say, to be separate property (like New York).  Colorado defines separate property as follows:

"Separate property not subject to division includes inheritances, property owned prior to the marriage, gifts, property acquired after a legal separation, property excluded by a valid agreement. [Based on Colorado Revised Statutes 14-10-113]. "

Speak with an attorney in your area and give him or her the details of the lawsuit that are not given here.  Then figure out how you will proceed.


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