Legal Question in Family Law in New York

Divorce, responsibility of alimony??

Generally, net proceeds from a spouse's personal injury award or settlement payment, are not considered marital property, for purposes of equitible distribution.

However, a portion of the settlement payment may be allocable to the spouse's "loss" due the injury,if the spouse is named in the lawsuit or insurance claim. The spouse may also have actual costs, expenses and disbursements, that are repayable out of the proceeds, to the spouse.

In addition, the injured spouse may be charged as "indebted to" the other spouse for reimbursement, for their share and portion of household maintenance, costs and expenses for the period the spouse paid them without contribution; and any and all accumulated debts and bills acquired during the marriage in either parties' name can be made payable from any resource the parties' may have.

GOOD LUCK,

Phroska L. McAlister,ESQ