If I get divorced, will my ex receive half of my Personal Injury Settlement?
The short answer is, No.
In a divorce, each party is entitled to any premarital property or any property that is considered separate and not marital property. Marital property is presumed to be split 50/50. Personal Injury settlements for pain and suffering are considered by Utah Courts to be separate property. Therefore, if you get divorced, you may keep all of that money and your spouse can’t touch it.
However, if you receive the money and “co-mingle” it, or combine it, with marital funds or if you use the money buy something, like a house, with your spouse, you may end up losing a portion of your settlement. The key is that the money be traceable and identifiable.
Also, if any portion of the settlement was for lost wages, medical expenses paid for with marital funds, or for any future earnings, it may be considered marital property and subject to a 50/50 split.
If you have questions about this or any other issues regarding a divorce, come in and see our attorneys. Too many people try to do this on their own and make mistakes that can affect them for the rest of their lives. Many of these mistakes are irreversible.
Call Larreau & Lythgoe, PC today at 801-393-5555 for a free consultation.