If my wife recieved a wrongful death settlement from my stepson’s death and then asked for a divorce, is it considered an marital asset?

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If my wife recieved a wrongful death settlement from my stepson’s death and then asked for a divorce, is it considered an marital asset?

I married her when my stepson was 4 years old. So I helped raise him. He died 15 years later. She recieved a settlement and then filed for divorce.

Asked on August 20, 2012 under Family Law, Kentucky

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation.  I am going to assume that you did not adopt the boy so then his mother would be his legal relative.  The settlement would be hers alone unless you could show an intent on her part to have it considered a marital asset (like depositing it in your joint account).  Good luck.


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