if my husband was involved in a automobile accident a year ago but we divorce, am I entitled to any forthcoming settlement money?

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if my husband was involved in a automobile accident a year ago but we divorce, am I entitled to any forthcoming settlement money?

Asked on June 6, 2012 under Family Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Your husband's personal injury settlement from the auto accident is his separate property whether he receives it during marriage or after the marriage ends.  It is his separate property even though the auto accident occurred during marriage.  Since the personal injury settlement is his separate property, you would not have any claim to it.

If you don't live in a community property state, other rules may be applicable.


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