Legal Question in Family Law in Massachusetts

Proceeds from personal injury

Of a motor vehicle accident settlement resulting in physical injury, can a divorce court seize the proceeds in part or in full as part of a divorce settlement? (FYI: $ 60K was from uninsured motorist coverage, $ 40K from bodily injury.)

Thank-you for your considerate thoughts upon this matter.


Asked on 11/05/08, 6:25 am

3 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Proceeds from personal injury

yes,

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Answered on 11/05/08, 4:24 pm

Re: Proceeds from personal injury

Yes it is a divisible marital asset. Although the income tax and legal fees would have to be taken into consideration.

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Answered on 11/05/08, 8:06 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Proceeds from personal injury

The funds are a divisible marital asset. the court will determine what is fair. Most of the time, you can expect the lion's share to go to the actually injured spouse. However, p[articular facts will help the court make the decision differently.

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Answered on 11/05/08, 7:15 am


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