A woman is injured in a car accident and brings a lawsuit. Two years later and six months after her husband has begun dissolution proceedings, the case is settled and the woman receives a check for $75,000. Is this settlement money part of the marital estate in either an equitable distribution state or a community property state? If so, how would this property be distributed under each distribution system?
What will be an ideal response?
It can be argued in an equitable distribution state, the nature of the settlement could determine the status of the money. If it was compensatory, the marital unit was responsible for covering the reimbursed expenses, and the settlement would be marital. Similarly, the award would be community property, to the extent it is intended to replace community debts incurred or marital assets such as lost wages, since the right was acquired well before the end of the marriage, even if the award was not made then. Pain and suffering awards, although compensatory, may be considered personal property in some equitable distribution states.
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