In a divorce, doesa spouse have rights to a personal injury settlement awarded to the other spouse?

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In a divorce, doesa spouse have rights to a personal injury settlement awarded to the other spouse?

My wife and I are about to get a divorce. She is in the middle of a sexual harassment suit with her employer. Do I have any legal right to any of that money? If so, how do I go about it?

Asked on February 26, 2012 under Family Law, Minnesota

Answers:

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

Answered 12 years ago | Contributor

It depends on how the award is charachterized. In Minnesota, if the award is for past wage loss then it is considered to be marital property because wages are marital property.  Awards for past medical expenses are marital as well. But awards for future wages or medical expenses are not subject to division.  Your lawyer will help with this.  Good luck.


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