Legal Question in Family Law in New Jersey

wife leaving after settlement

My wife received a settlement in a medical mal-practice and now wants to leave me after 24 yrs. Do i have any rights in this settlement?


Asked on 1/18/07, 5:59 pm

1 Answer from Attorneys
Andrew M. Ayers Law Offices of Howard B. Felcher

Re: wife leaving after settlement

It depends on the type of award that she received. Usually, where a personal injury award is for lost earnings and medical expenses, it is included in the marital estate to be divided in the divorce. If the personal injury award is for pain and suffering, that is not included in the distribution of the marital estate. When the award is a composition of both, the Court will usually split off the pain and suffering and allow her to keep that money.

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Answered on 1/22/07, 5:16 pm


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