In Re Marriage of Weberg v. Weberg
The presumption that a personal injury settlement remains the property of the injured spouse applies where the claim is not inchoate or payable at some future time, but already has been made.
The presumption that a personal injury settlement remains the property of the injured spouse applies where the claim is not inchoate or payable at some future time, but already has been made.
Unspecified personal injury proceeds are presumed to belong to the injured spouse.
Personal injury claim constitutes relevant factor that warrants alteration of statutory presumption of equal distribution of property. Court should presume that injured party is entitled to all compensation for pain, suffering, bodily injury and future earnings. Other components, such as those that compensate for medical or other expenses and lost earnings incurred during marriage should be presumed to be marital.
Personal injury settlement was marital property where it was to satisfy any claims of both parties, was commingled and used to buy joint assets. But, greater share should go to injured party.
Personal injury damage award can be considered in determining modification of child support.
Personal injury damage award can be considered in determining modification of child support.