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.
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.