If I will soon be receiving a settlement, is my husband entitled to any of it, either before or after our divorce?

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If I will soon be receiving a settlement, is my husband entitled to any of it, either before or after our divorce?

I left my husband 7 months ago. We have been to mediators to solve most issues (no kids). Since then I have been in a horrific accident – a drunk driver hit me on a major interstate. I now have  herniated discs, and attend therapy 3 times per week.

Asked on October 31, 2011 under Family Law, New Jersey

Answers:

Kenneth A. White / THE LAW OFFICES OF SHANE AND WHITE, LLC

Answered 10 years ago | Contributor

Any funds recovered to compensate you for paid and suffering are not subject to equitable distribution and therefore your husband would not be entitled to any portion of such funds.  Money recovered by way of a law suit for lost wages or reimbursement of medical expenses may be subject to equitable distribution.

If the accident and therefore your right to receive any benefits accrued after you marital relationship ended you may be able to claim that the accident and its' financial benefit to you are not part of the marital estate and therefore are of no consequence at all.

If I can be of further assistance, please do not hesitate to contact me.

Kenneth A. White, Esq.

Shane and White, LLC

1676 Route 27

Edison, New Jersey 08817

(732)819-9100

Kenneth A. White / THE LAW OFFICES OF SHANE AND WHITE, LLC

Answered 10 years ago | Contributor

Any funds recovered to compensate you for paid and suffering are not subject to equitable distribution and therefore your husband would not be entitled to any portion of such funds.  Money recovered by way of a law suit for lost wages or reimbursement of medical expenses may be subject to equitable distribution.

If the accident and therefore your right to receive any benefits accrued after you marital relationship ended you may be able to claim that the accident and its' financial benefit to you are not part of the marital estate and therefore are of no consequence at all.

If I can be of further assistance, please do not hesitate to contact me.

Kenneth A. White, Esq.

Shane and White, LLC

1676 Route 27

Edison, New Jersey 08817

(732)819-9100


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