Division of property in divorce


#1

Dear sun:

Greetings. It depends - on the type of injury, the reason for the settlement, etc.

Generally, disability is separate property but the court can take some disability for child support (the care of the children).

Settlements of personal injury or workers compensation are dealt with differently. Can you please be more specific about the situation?

If the settlement is considered marital (and there are a number of factors to consider here - including what type of settlement we are discussing), then the property is marital. If the settlement is separate, then the property is separate.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2
quote:
Originally posted by JanetFritts
Dear sun:

Greetings. It depends - on the type of injury, the reason for the settlement, etc.

Generally, disability is separate property but the court can take some disability for child support (the care of the children).

Settlements of personal injury or workers compensation are dealt with differently. Can you please be more specific about the situation?

If the settlement is considered marital (and there are a number of factors to consider here - including what type of settlement we are discussing), then the property is marital. If the settlement is separate, then the property is separate.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.



#3

Janet:
Thanks for the info to date: Here is more information you requested.
He has a latex allergy. There was no injury, or worker’s comp. He had taken out private disability insurance becuase he is a dentist and liked to be physically active in sports. He ended up with the latex allergy. The insurance company paid him for about 5 years and then decided to to take him to court. He settled out of court.
During that 5 years he paid his way through medical school. He took the cash settlement and bought some land.


#4

Some of the payment likely replaces lost wages during the marriage and that is marital property. The balance may represent lost future income which will be separate property but which may be the subject of an alimony or child support award.

This is a fairly complex issue and you should hire counsel to help.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#5

Is a settlement with a private disability insurance company considered separate property or marital? and is the monthly insurance check prior to that settlement considered seperate or marital propety? If the settlement check is used to purchase waterfront property with other funds, is that property considered seperate or marital?