Legal Question in Family Law in New York

Re: Damages awarded are they marial assets

Damages recovered in a personal injury action are usually not marital property in New York. This is an exception to the general rule that whatever is acquired during the marriage is marital property. If a wife has a personal injury claim sometimes the husband has a claim for loss of services which would be his separate property. Jeremy Morley

Re: Damages awarded are they marial assets

Unless you are specifically named in the lawsuit

for a derivative claim (loss of consortium and

services or payment of expenses), any award

for personal injury is not a marital asset

and would not be subject to equitable distribution

In a nutshell, you are probably not entitled to

a dime of the money and she is doing nothing

wrong in this regard