Law Offices of Anthony Carbone, P.C.

Do I have to share my personal injury settlement with my ex?

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divorce-property-division-anthony-carboneYou recently received a settlement for a personal injury lawsuit that has been going on for some time now. While you were waiting for the settlement to occur, you and your spouse had decided to get a divorce. Now that you won your case, your soon-to-be ex is now claiming that he/she is entitled to half that settlement. Is this true?

This can be a tricky situation, one that only an experienced divorce attorney can answer. New Jersey is an equitable distribution state. This means that when you go through a divorce, there is a “fair” division of the spouses’ property. This is determined through three factors:

Martial property is considered property that was bought or acquired during the marriage, such as your house or a car. Separate property is what you brought into the marriage, property that was inherited to only one spouse, or property that had been excluded prior to the marriage.

Since New Jersey is an equitable distribution state, it takes into account whether the personal injury case happened to one spouse or both spouses equally. So let’s say you slipped and fell in a restaurant, breaking your hip. Since this accident affected you and not your spouse, he/she would not be entitled to the settlement. However, if your spouse had been affected, say was a passenger in a car accident you were in, then you would have to share the reward. As a general rule, however, the award is considered separate property and you would not have to share it.

Are you going through a divorce? We can help! Contact the Law Offices of Anthony Carbone, PC today for a free consultation.

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The information provided on this website about personal injury, family, and divorce law is not meant to be taken as legal advice. At the Law Offices of Anthony Carbone, based in Jersey City, we assist clients throughout Hudson County, New Jersey, including the communities of Union City, North Bergen, West New York, Newark, Jersey City, Essex County, Bayonne, Hoboken, Weehawken, Guttenberg, Secaucus, Greenville, Elizabeth and Marion. If you are in need of a personal injury or family lawyer or attorney, please contact us today.