|
Personal Injury
Anna Karenina is injured in a train accident one day. Her husband, Leo, wants
to keep a share of her personal injury payments.
Here are some issues the courts consider:
-
Is the injured party less able to work than before? If the money is Workers
Compensation that compensates for the loss of Anna's ability to work, then
it is likely to be found to be marital property. For the part of the money
that is for the loss of her ability to work after the divorce, though, it
is likely to be separate property.
-
Is the cash a compensation for purely personal loss, such as "pain and
suffering?" This makes it more likely that a court would find the
cash to be separate property.
-
When did the injury happen? If Anna was injured during the marriage, that makes it more
likely that the cash will be divided between the parties.
Email this page on to a friend.
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More...
| 
