Legal Question in Family Law in New York

Re: divorce & malpractice

none.

Recoveries for personal injuries is considered separate property.

Daniel Clement

Re: divorce & malpractice

if the case is a malpractice case, the proceeds of the matter are outside of the equitable distribution of the divorce. she should not get anything from the case.

Re: divorce & malpractice

New York law does not recognize any concept called "no fault money." Assuming that you mean that you are the plaintiff in the malpractice case, the question would become what was the nature of the malpractice.

Ordinarily, if it is medical malpractice, the value of the cause of action, whether or not settled, would be considered separate property, not subject to equitable distribution. However, if it is some other form of malpractice, the outcome may be different.

You should consult an attorney with whom you feel comfortable to discuss your case, as this area of the New York Domestic Relations law can be tricky.

If you'd like to discuss it further with me, please feel free to call.