Legal Question in Family Law in Arizona

Going through a divorce, I am about to receive a settlement from an auto accident for pain and suffering. Is my future x entitled to anything? He suffered nothing, didnt go to one doctor's appointment, didnt pick me up from surgery, and generally was not effected. My auto injury lawyer said that because the medical bills have far out weighed what the settlement about is, there is no portion of the settlement that is lost wages. What can I buy with this money? I would like to buy a car considering that I have had no vehicle for over a year, my dad has been lending me one. Meanwhile, he has been driving his truck around. Would that then be considered community property? Does the money need to just sit and wait until this is all over?


Asked on 3/21/10, 12:50 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Generally speaking, recovery for pain and suffering is separate property, so it would not be subject to division (if there is any component of lost wages or property damages, that may be subject to division). You are entitled to use your separate property as you see fit; however, it may be cleaner and less complicated to wait to make any big purchases until your divorce is final to avoid blurring the lines. If you do use the money, I'd recommend keeping an accounting of how you spend it (like a check register, just for these funds), so you have access to the records in case it becomes relevant in your divorce action for any reason.

Read more
Answered on 3/26/10, 1:13 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Arizona