Should You Wait to Divorce Until Your Personal Injury Claim Is Settled?

If you are considering pursuing a divorce and are wondering if you should wait to file until after settling your personal injury claim, the answer can be quite subjective. It typically depends on the state in which you live, because laws vary. Generally, there is no point in waiting to file for divorce while you are going through a personal injury settlement because if it. There is no point in waiting to file because, depending on your state, your personal injury claim will most likely become part of your marital assets. This means that, if it lost wages and not medical compensation, you will have to divide evenly with your partner. However on the rare occasion that your state does not consider personal injury settlements to be part of marital states, you will be entitled to the entire settlement regardless of when you decide to file for doors.

Determining Factors 

In most cases the court treats settlement money resulting from a personal injury claim as a separate property, even if the injury occurred while you are married.  Each state’s jurisdiction surveys how much an individual gains from their personal injury settlement; if medical bills in compensation for suffering and hardship are included in the settlement, the courts will most likely consider the settlement as yours only. In a few states, if you have not received a personal injury settlement money by the time and file for divorce or even by the time you divorces finalized, the settlement can still be attributed as marital property and split between you and your partner. It is crucial that you keep funds from your personal injury settlement separate from your funds for bills. You may even want to consider not deposit the settlement funds in an account that you share with your partner. If you do deposit it into a shared account, the court will view it as combined assets and will give your partner a portion of it right away. 

Contact a Divorce Attorney

You should pursue the idea of contacting a divorce attorney, like a divorce lawyer in Lake Forest, IL from Hurst, Robin & Kay, LLC, because they can help explain your specific state’s laws and how your personal injury claim can affect your divorce. They can also help further assist you in court, help you determine which assets you would like to keep and give up, and make sure that you receive a fair compensation in the dividing of marital assets.

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