Is a spouse entitled to any part of a lawsuit settlement?

Is a spouse entitled to any part of a lawsuit settlement?

So, as long as a jury verdict or settlement from a lawsuit is recovered before your divorce decree is final, it can be considered a joint asset. If it’s after the divorce is final, then all the proceeds go to your spouse and it is considered part of his or her total assets.

Is my spouse entitled to my personal injury settlement in NYS?

Special New York Statute Handles Personal Injury Proceeds By virtue of a special statute, N.Y. Dom. Law \xa7 236 B (1)(d), compensation for personal injuries received during the course of a marriage are deemed to be the separate property of the injured spouse.

Is workers comp settlement community property?

In California, worker’s compensation payments received by a spouse to compensate her for lost income during the marriage are generally community property. Settlements that compensate the spouse for future medical treatment is separate property.

What is split in divorce settlements?

There is no law or rule that specifies an equal split of assets in a divorce settlement. Nor is there a formula used by courts to make this determination. Instead, there are a number of factors that are taken into consideration, which combined, lead the court to a decision.