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Can a Personal Injury Settlement be Divided as a Marital Asset in a Massachusetts Divorce?

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Under Massachusetts law, the proceeds of a personal injury suit are part of a party's "divisible estate" for divorce purposes.

The courts have stated that even a potential personal injury settlement is a divisible asset because the loss affected both spouses during the marriage.

The fact that a lawsuit is still pending at the time of the divorce does not alter the result because a contrary decision would place the injured spouse in the position of manipulating the claim as to receive money after the divorce thus, avoiding division of the asset.

Should you be in the midst of a divorce or contemplating divorce, contact the Law Offices of Renee Lazar either through email or telephone 978-844-4095 to schedule a FREE one hour no obligation consultation.

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Law Offices of Renee Lazar
4308 Thompson Farm
Bedford, MA 01730
Phone: 978-844-4095
Fax: 781-687-5807
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