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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
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Experience:  Licensed Texas General Practice Attorney
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In a divorce case is money awarded in a harassment suit

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In a divorce case is money awarded in a sexual harassment suit considered marital property if the award was granted during the marriage?

ScottyMacEsq :

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ScottyMacEsq :

That depends. If it was compensating for lost wages or lost earning potential, etc... then that would be marital property. If it was compensating for pain and suffering, mental anguish, etc... would be separate property. So it would need to be clear what the compensation was for. If it was not separated out, the default presumption is that ANY money received during the marriage would be marital, unless it can be shown to be separate.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

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