When a couple gets married, they build a life together and often acquire property that is considered communal or marital property. As a result, in a divorce, this property must be divided equitably between the spouses. However, what happens to property that was acquired through personal injury or workers’ compensation during the marriage? This article will explore how such property is divided in a New Hampshire divorce.
Understanding Marital Property
Before diving into the details, it’s essential to understand the term "marital property." Marital property refers to any property that was acquired during the marriage, regardless of who paid for it or whose name is on the title. However, there are exceptions to this rule. Property acquired through gift or inheritance is generally considered separate property and is not subject to division in a divorce.
Personal Injury Settlements and Workers’ Compensation
When a person is injured, they may receive compensation for their medical expenses, lost wages, or pain and suffering. The same applies to people who get hurt on the job and receive workers’ compensation benefits. If a spouse receives personal injury settlements or workers’ compensation during the marriage, this compensation is considered marital property.
Equitable Distribution
New Hampshire is an equitable distribution state. This means that the court will divide marital property equitably between the spouses. Equitable does not necessarily mean equal, but the court will strive to distribute the property fairly.
How the Court Decides
When it comes to dividing property acquired through personal injury or workers’ compensation during the marriage, there are a few factors that the court will consider. These factors include:
- The duration of the marriage
- The age, health, and occupation of each spouse
- The contributions that each spouse made to the acquisition, preservation, or appreciation of the property
- The economic circumstances of each spouse at the time of the divorce
- The value of the property at issue
The court may also consider any other factor that it deems relevant to the case.
Conclusion
Property acquired through personal injury or workers’ compensation during the marriage is generally considered marital property and is subject to division in a New Hampshire divorce. However, this property will be divided equitably between the spouses, taking into account various factors such as the duration of the marriage, the value of the property, and the contributions made by each spouse. It’s important to seek the guidance of an experienced divorce lawyer to ensure that your rights are protected during the divorce process.