Legal Question in Disability Law in New York

me and my husband are not together anymore but we are still legally married. He was in an accident from the fault of a car wash. He and his family are going to file a lawsuit. We have two children together and I am being threatned by them to get a divorce asap and cancel child support. What advice could you give me? and what type of representation do I need?....Thanks


Asked on 2/22/11, 2:08 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Generally, New York considers proceeds from a personal injury award to be 'separate property' and not 'marital property' -- meaning that regardless of your separation, that money is considered to be your husband's and not subject to division in a divorce. The only exception would be if the settlement specifically denoted compensation for 'lost wages'.

In your case, you shouldn't feel pressured to do anything and should be hiring your own attorney to look out for your own interests.

Good luck!

Read more
Answered on 2/22/11, 2:17 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in New York