Legal Question in Family Law in New York
Divorce and settlement check
I was recently informed by my husband, that he isn't in love with me anymore. The next logical step is divorce. My question pertains to a $280.000 check that was issued to me by a settlement for an accidental death claim. It was my father who was killed. Does my husband have any legal rights to half of this money?
2 Answers from Attorneys
Re: Divorce and settlement check
The settlement is considered separate property, that is, it is ordinarily not part of the New York system of equitable distribution. However, unless the money is kept separate it can become marital property.
If you would like to discuss this or any other aspect of your situation, please feel free to get in touch, either by e-mail or phone.
Re: Divorce and settlement check
No, not the principal, but it must be placed in a separate account only with your name. Income earned from the principal may be deemed marital.
If you believe that you are going to get divorced, you should obtain copies of all documents concerning income, assets, expenses and liabilities.
You should also seek legal representation early in the process.
Mike.
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