Legal Question in Family Law in New York
Should Comp. Disb. Award be split between Husband and x wife?
We were married 4 years and then divorced. Divorce became final about 09-01-2000. My wife was disabled for a little over 2 years while we were married. She got her arm caught in a conveyor and broke arm just above wrist, it was set and a plate put in and the plate broke and had to be done over again, after that it broke next to the other brake again and had to be set for the third time. This was all while we were married and I looked after her. We had a child on 03-10-2000 She gave up all rights to the child. After we broke up she went to work and is still working. Now she has a comp. board meeting I guess in february and her lawyer says it could be a considerable amount of money she will be awarded. Am I and or my child intitled to a portion of this and if so want percentage would be fair. Thank You for reading this.
2 Answers from Attorneys
Re: Should Comp. Disb. Award be split between Husband and x wife?
Generally personal injury awards are not distributable to the spouse; nor considered marital property.
However, to the extent that a portion of the award is attributable to loss of "spousal services or parental services," during a period of incapacity, resulting from the injury or loss, then that portion would properly be for the benefit of the spouse and/or children who have been deprived....
Re: Should Comp. Disb. Award be split between Husband and x wife?
I am assuming that you signed a settlement/separation agreement before the court granted the divorce. Normally these agreements have a release provision. The court will look at your agreement to determine whether you are entitled to any of the funds.
Mike.
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