Divorce Laws And Personal Injury Awards
A short answer is ”yes ” to this question. Divorce laws are very specific from one state to another. In general, however, the divorce laws provide for various types of divorce claims whether they be either fault claims or no fault claims. The typical fault claims for getting a divorce are adultery, desertion, or cruelty. The no fault claim is simply that, i.e. neither party is alleging any fault on the part of the other, they simply want a divorce. As part of many divorce proceedings, the Court also has the authority to divide the property that was acquired during the marriage and also to the resolve issues relating to child custody, child support and also spousal support.
The equitable distribution of marital property can frequently get into some complex issues.For instance a personal injury settlement or award that has come into the marital estate may be treated as marital property and may be subject to equitable distribution by the court.
See Brien Roches book Law 101 published by Sphinx Publishing for more information on this subject.
