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Can impending funds from a lawsuit by one spouse be considered equitatable in a divorce scenario?

Fort Lee, NJ |

Lawsuit only in one spouse. Would settlement have to be divided?

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Attorney answers 4


Yes they can be considered marital property and would need to be reported as potential asset on your CIS disclosure.

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More information is required to answer your question. For example, proceeds from a personal injury law suit that are to compensate for pain and suffereing are not subject to equitable distribution, while recovery of lost wages is likely subject to equitable distribution.

For a thorough examination of your rights you should consider meeting with an experienced family law attorney who can take the time to review all the relevant facts with you.

Kenneth A. White, Esq.

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It largely depends on the nature of the lawsuit and the specific facts of your case. Case law provides that spouses may have a right to a portion of the lost wages component of a personal injury award. Typically, spouses do not have a right to any other component of a personal injury award, such as pain and suffering. It really depends on the specific facts of your case, though.

Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited facts you presented. My advice is based on New Jersey law and may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.


It all depends upon what the proceeds are compensation for. I suggest you read Landwehr v. Landwehr, a case which discusses this issue in detail as it relates to a personal injury settlement.

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