The short answer is yes. Divorces are complicated and get messy at times. Having a personal injury settlement can add extra steps to the divorce process and gets more complex because the law will look at the possibility of your ex-spouse’s impact by the injury sustained during your marriage. Your ex-spouse will always have a claim on your personal injury settlement because many compensations fall under community properties, which means they will be divided equally.
What Happens If I Get Divorced With a Personal Injury Case Still Pending?
If you have a pending personal injury case in the middle of a divorce, you may be required to split your injury settlement if it’s received after you file for divorce. A personal injury settlement can be considered separate property or community property, depending on what damages are reimbursed. Compensation for lost wages, income, or anything of monetary value would likely be considered community property. If the money or property used when you were injured from community properties, then your ex-spouse would still have a claim on the personal injury settlement.
Damages For Personal Injury
This would not be included in the divorce if you received any compensation for injuries, like past and future pain and suffering, mental health problems, and physical anguish. Separate property or non-marital property is any property, real or personal, acquired before marriage. This means it belongs to just one of the parties in a marriage. For example, pain and suffering damages would be the property of the person who was injured. When a couple gets divorced, separate property is NOT subject to a 50/50 division.
Depending on the state jurisdiction, personal injury awards may be viewed as separate property, minus any compensation for lost wages (unless it’s a community property state).
We Are Here to Help
It’s essential to be honest with your attorney about the change in your marital status. Knowing about the pending divorce or the possibility of separation helps your attorney represent your interests effectively. Attorneys Edelman, Krasin, & Jaye, PLLC, are 100% committed to making sure that you can get the most compensation for your settlement. We offer more than 60 years of combined experience and have convenient office locations in Long Island, Brooklyn, and the Bronx, and we know how to approach these cases to get the results you need. Our firm is committed to demanding full accountability. If you or your loved ones need help with a personal injury settlement while going through a divorce, call the New York offices by phone at 800-469-7429 to schedule an appointment. You can also contact us using our online contact form and on our Live Chat application on our website to have your questions answered at any time.