Legal Question in Family Law in New Jersey
community property
I am filing for divorce from my husband shortly. Earlier this year, I filed a lawsuit for bodily injury due to negligence. Our attorney representing the case stated that my husband was entitled to compensation for what was called '' loss of services''. We are both New Jersey residents. Is my husband entitled to any money that I receive from the settlement other than the '' loss of service''? Thank you.
1 Answer from Attorneys
Re: community property
In your personal injury claim you are seeking to obtain compensation for a loss due to a bodily injury; it is not income and represents a part of yourself, physical or mental, that was loss. As a consequence, compensation received by you as the result of a personal injury claim is not part of the marital estate because it represents something you had prior to your marriage. There is one exception, compensation for lost income; your husband has a claim to a portion of this item if there is compensation for same.