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I received a settlement from a lawsuit from an injury while ...

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I received a settlement from a lawsuit from an injury while my wife & I have ex-parte's against each other & I've filed the suit for divorce & she has counter filed before the settlement was received. Is she entitled to any of it? I live in Missouri.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
According to research [see below] in Missouri personal injury claims and proceeds coming from a personal injury settlement is considered a marital property subject to distribution upon a divorce, so yes she is has a claim to your settlement.

Personal injury claims and proceeds.

An unliquidated claim for damages arising from personal injury during the marriage is marital property for purposes of the dissolution of marriage proceeding. Jobe v. Jobe, 708 S.W. 2d 322 (Mo.App. S.D. 1989). The proceeds of a personal injury settlement received by one of the parties during the marriage are marital, Zimmer v. Zimmer, 770 S.W. 2d 514 (Mo. App., W.D. 1989) (annuity settlement); Nixon v.Nixon, 525 S.W. 2d 835 (Mo. App., E.D. 1975)(lump sum settlement proceeds); including proceeds from actions under "FELA," the Federal Employers' Liability Act (45 U.S.C. Sections 51 et seq.). Gonzalez v. Gonzalez, 689 S.W. 2d 383 (Mo. App. E.D. 1985)...divorcenet.




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