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

| Nov 14, 2016 | 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.

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