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Massachusetts Law - Personal Injury If a party received money on account of a personal injury during the marriage, this would be property subject to division in the divorce, regardless of which party was injured. This follows the "marital estate" theory under which all assets of both parties are available for distribution. Cases: Dalessio (1991) 570 NE2d 139 (The court concluded that proceeds from a personal injury claim are divisible, even though only one party was injured.) Hanify (1988) 526 NE2d 1056 (The husband's claim for breach of employment contract against the former employer was divided between the spouses by awarding the wife the smaller of $70,000 or half whatever cash resulted. The court observed that the loss of income during marriage had affected both spouses.)
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top Massachusetts legal page. Click here for the Massachusetts divorce legal table of contents. | |||||||||||||||||||||||||
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