Estimated reading time: 3 mins
During a divorce, it’s never immediately clear who is entitled to money gained from a personal injury settlement or award. Simply put, entitlement to this money depends on the state that you live in. Financial planning for divorce can be really stressful so make sure you don’t let the anxiety kick in.
There will be one result if you live in a community property state. And there will be an entirely different result if you live in an equitable distribution state. Another factor is the amount of money allocated during the settlement or award. Other factors that will play a role include the accident date and the date of the separation or divorce.
The only way to discover how the money will be divided up comes down to the specific details involved in your case and the approach made by the court in your state.
Examples of Personal Injury Settlements or Awards and Their Effect on Divorce
Scenario #1:
In our first example, a couple has been married for eight years. They have three children together, and all three are still very young. Due to the misreading of her mammography studies, her breast cancer diagnosis came significantly late. When she was finally diagnosed correctly, the cancer unfortunately spread throughout her whole body. Due to illness, she had no choice but to take a leave of absence.
While the wife filed a medical malpractice suit against the doctor that misdiagnosed her, the husband did everything that he could to take care of his family. The husband and wife contacted lawyers to help with the medical malpractice suit.
During this disastrous scenario, the husband and wife grew further and further apart. They finally decide that it was time to get a divorce. This is quite common during such a stressful situation. But you have to wonder…
What happens to the money gained from the personal injury settlement or award?
Scenario #2:
A married man suddenly finds himself as the victim of a serious and severe car accident. Since the accident was so severe, he nearly ended up losing his life. But emergency services were on the scene quickly, took action, and he was immediately rushed to the hospital for further treatment. It turns out that he ended up suffering from a broken arm and leg, among other minor injuries.
The married man and his spouse were having a difficult time getting along with one another prior to the incident. They were even considering a trial separation a few months before the accident. Instead, they realized that the marriage was no longer going to work and decided to file for a divorce.
In this scenario, who is entitled to the proceeds of the personal injury settlement or award?
Determining who is entitled to what all comes down to the state that you live in and the discretion of the judge.
Conclusion:
Breaking up is not an easy thing to do and it becomes even harder where money and personal belongings are involved. After some time of the long-term partnerships and the marriage afterwards there is a strong bond with you and your partner – the bond that includes both finances and emotions.
Focus on solving the problems and everyday struggles as they come by and try to transitions through this rapid change as smoothly as you can. Try meditation and find the place to be peaceful and at ease.
Breath in the quality and notice any thoughts that arise. Divorce is not easy and handling the financial side of it adds up to it, but allowing those feelings and struggles to pass by will eventually set you free.
