am i entitled to my husbands settlement

[superteaze69]

I married my husband in march of 2007. After we married he had to have surgery on a back injury. He was put on oxycontin. I supported him from the time we were married until we seperated in august of 2009. We file a lawsuit on the oxycontin company while we were together. Recently he recieved a settlement of 60000 dollars and now wishes for a divorce. Am I entitiled to any of his settlement money?

 

[Proserpina]

Generally personal injury awards are treated as separate property during divorce, even in community property states.

Please speak with an attorney.

 

[irish223]

I agree that OP should speak with an attorney. I think it's possible that the award may be considered marital property in Kentucky, but may depend on the nature of the lawsuit. If the lawsuit had been related to the back injury, then it would probably be separate. Since the lawsuit was filed against the drug company, depending on the reasons for the suit, I think part of it may be considered marital.