Legal Question in Family Law in Massachusetts

Proceeds from personal injury as a divisible maritial asset

I understand from previous responses (thank-you all) that in the instance of a vehicle accident settlement resulting in physical injury that a divorce court CAN seize the settlement proceeds ($ 60K from uninsured motorist coverage, $ 40K from bodily injury) as a divisible maritial asset in a potential divorce proceeding.

My client however wishes to know additionally if such a potential settlement may change if the spouses have been legally separated & living apart for greater-than a year?

I know there is no clear-cut answer to this matter & that the particular facts & circumstances including tax matters (I'm a tax accountant & can advise the client on those issues) is an issue for a court to take into due & specific consideration.

Nevertheless, thank-you-all again for your time & general response without YOUR knowing the specific facts & circumstances (neither do I for the most part) as I too as a professional, though in a different forte realize the value of our time & expertise.


Asked on 11/06/08, 10:19 am

1 Answer from Attorneys

Re: Proceeds from personal injury as a divisible maritial asset

If there is a separation agreement, then it impacts any advice previuosly given. If however there is none, the seperation is only an issue of equity under MA law.

Your client would be best served by you seeking assistance from a divorce attorney. I have assumed you are a personal injury attorney.

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Answered on 11/06/08, 12:28 pm


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