Legal Question in Family Law in New Jersey
Accident Settlemnt/Spouse Sues for Half?
I was involved in a shuttle bus accident. Im perm diasbled becuase of it. I was recently married before time of accddent. Now spouse wants to sue me for half of the settelment? Can he be entitled to it? He also claims I've had an affair which will bolster his case.
2 Answers from Attorneys
Re: Accident Settlemnt/Spouse Sues for Half?
Nice guy. You need to get some assistance getting rid of this fellow.
I suggest you find an experienced divorce attorney (this is a divorce type problem) who is not too far from you, and ask the attorney for assistance. You will have to pay the attorney for the attorney's efforts.
There is a lot at stake. Get a lawyer!
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Re: Accident Settlemnt/Spouse Sues for Half?
A personal injury claim seeks to make the injured person whole by returning the value of the injury back to the person; there is no gain for tax purposes on such compensation and it can not be the subject of distribution of marital assets. Only that portion of the claim which represents loss income, up to the present, is subject to equitable distribution in a divorce.
The spouse has a claim, as part of your personal injury claim, for compensation for the loss of your companionship and services which is made against the party you are suing.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com