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Family Law: adoption, guardianship (USA)
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Question

We got married in 2000. Two years ago II was injured in automobile accident and underwent spinal fusion surgery. Negligence action commenced by my husband and me which resulted in a $150,000 settlement. I deposited the check in the account in my name only. We then used my money to buy a vacation home in the Pokonos and some money was used to pay for my husband’s construction busienss. My husband now claims that when I was injured in the automobile accident he supported me emotionally, physically and financially.

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Answer

Marital property specifically excludes compensation for personal injuries. See, DRL § 236(B)(1)(d)(2)(5)(a). However, where unallocated settlement proceeds are made payable to both spouses, court, in the context of a divorce action, must determine what portion represents compensation for injuries and what portion, if any, represents award for loss of consortium claim.

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