Legal Question in Family Law in New Jersey

Re: disbursement ofsettlement

It really depends on how the settlement was structured. The issues falls under equitable distribution, and what portion of her settlement is exempt.

The general rule is the portion of a personal injury settlement intended to compensate for lost earnings and the medical expenses of the injured spouse is subject to equitable distribution, but the portion of the settlement intended to compensate the injured spouse for personal pain, suffering, and mental and physical disabilities is not subject to equitable distribution. Nor is the per quod claim, intended to compensate the non-injured spouse for loss of consortium or services, subject to equitable distribution.

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Re: disbursement ofsettlement

I agree with Mr. Burnham, but another thing is that you can never look at one issue in a vacuum. You have to look at the whole case because a claim you have to something may be offset by a claim she has to something. In addition, since almost every case ends in a settlement, it depends on how you work it out.

I have an office in Toms River, which is not too far from you, so feel free to give me a call.