Legal Question in Family Law in Virginia

legal settlement

My son was awarded a legal settlement from an automobile accident about 10 years ago. With funds to be paid out to him each month until he reaches age 65. In case of divorce would his future wife have any claim to this settlement? He was awarded this settlement in Pennsylvania and he now lives in Virginia.


Asked on 1/15/07, 12:36 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: legal settlement

No, your son's wife to be would not be entitled to claim a part of his accident settlement in any divorce proceeding since it could not be adjudged marital property, having predated the marriage by many years.

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Answered on 1/15/07, 5:29 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: legal settlement

Any personal injuury settlement, whether before or during the marriage is always separate property AS LONG AS IT IS KEPT SEPARATE, that is in a separate account that the other spouse has no access to. The second it's mixed with marital funds it becomes marital. An exception would be if the separate personal injury funds are used for a down paymnt of a marital home house or any other marital investment. As long as at divorce they can be traced back to the separate funds they can be taken off the top.

Good luck

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Answered on 1/15/07, 11:54 pm


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