My former question was partly answered, I have a son and daughter in law, she had a medical claim against a hospital for a broken foot, the claim has been settled but not paid out. She doesn't work, when filing for divorce, can he ask for half of all awards since he was married and living with her at the time of the claim being filed and settled, even tho there has been no pay out at this time. There will be no future pay outs it is a one time settlement.
Answer
The proceeds are considered as part of the marital assets. However, that part of the settlement based on loss of future wages can be excluded. A debt owed to a couple is generally considered an asset. However, I suggest that your son discuss this with his divorce attorney.
No comments:
Post a Comment