An issue that sometimes comes up in property division during divorce is how to divide personal injury settlement proceeds. This issue conjures disputes and court battles among spouses and family law attorneys. If a spouse is injured in an accident and recovers compensation for losses, do the proceeds belong solely to the injured spouse? Should those damages be shared between the two?
In Illinois, the law firm of Ronald L. Bell & Associates P.C. can help you answer those questions. Based in Libertyville, we help clients throughout northern Illinois in a variety of complex and complicated family law matters.
Marital Property Dispute Lawyer
Seldom are there clear, bright-light answers to questions of law such as this. In general, however, if you receive a personal injury settlement, your spouse likely has a claim to this money. Of course, each property division situation is different, which is why it is so important to consult an experienced and qualified family law attorney. Since 1980, Ronald Bell has handled issues like this and helps clients effectively resolve property division disputes during divorce.
We will conduct a thorough investigation into the circumstances giving rise to the personal injury settlement proceeds. We look at when the injury occurred to help us determine how this money will most likely be divided.
- If the injury occurred prior to the marriage, then usually the money damages are considered nonmarital property. Those proceeds will belong to that spouse alone.
- If the injury occurred during the marriage, the proceeds will likely be given to the injured spouse, unless the court determines that the money should be split.
Again, each case is different and many factors will be analyzed to determine how that money is disposed of. For example, even if the injury occurred prior to marriage, it could be considered marital property if the money was commingled such that it is impossible to determine how much of the money is separate.
Free Initial Consultation — Call Today
We offer complimentary consultations to meet your needs. Schedule your appointment with lawyer Ronald L. Bell by calling us at 847-495-6000. You can also fill out our online contact form. Offsite, evening and weekend times are available.
Payment plans and credit cards are accepted.