Q: In 2012, I was single. My employer’s medical board forced me to retire from my job due to a permanent injury while working. There is a pending lawsuit due to an unsafe work environment that will settle this year. I got married 4 months ago and things do not seem to be going well. She is threatening divorce and relocation. She has no idea about the lawsuit. So, is MY settlement still a marital asset if we get divorced after it is awarded to me? Before we get divorced? How would she know about the settlement in either scenario?
A: David’s Answer: Generally, personal injury settlements are NOT considered marital property. That said, any settlement money you get should be segregated into your own account & not co-mingled – otherwise it loses its character as “separate property.” Schedule a consult with a NYC Divorce attorney for a full assessment. — David Bliven, Bronx Divorce attorney (www.blivenlaw.net)