Legal Question in Family Law in Pennsylvania
Divorce and Tort case
Is there anyone familiar with a case in pa called Diament vs Diament 2003? It was a case regarding a tort lawsuit settlement that the wife recieved and the courts did not consider it marital property..Was there a specific reason? Or have the laws changed in effect that they do not consider tort lawsuits to be marital equity in a divorce?? The case has not been settled yet, and it started while I was still mariied.
1 Answer from Attorneys
Re: Divorce and Tort case
In Diament the wife's cause of action accrued after the date of final separation. That's still the law. Section 3501(a)(8) of the Divorce Code defines as non-marital property tort claims which accrued before the date of marriage or after the date of final separation. Accrued basically means injured or in some cases when the plaintiff became aware that she was injured or had a cause of action. In your case it is not so important when the suit started; but when your wife was injured.
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