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The Research Center
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Category Matches:
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 | 1. Divorce Source: CLASSIFICATION OF PERSONAL INJURY AWARDS
(�1997) The full amount of the husbands personal injury settlement was properly classified as marital property, in view of the husbands failure to prove what part of the settlement was his separate property
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| | 2. Divorce Source: CLASSIFICATION OF PERSONAL INJURY AWARDS
(�1994) The proceeds of a personal injury settlement acquired during the marriage are entirely marital property
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| | 3. Divorce Source: Cases of Interest: Personal InjuryAwards
Case law and analysis of divorce cases related to personal injury awards. Visit Other Cases of Interest
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| | 4. Divorce Source: PERSONAL INJURY PROCEEDS: APPLYING THE ANALYTICAL APPROACH
Nationwide case law on the classification of personal injury proceeds is divided among three distinct approaches. The majority rule in dual-classification jurisdictions is known as the analytic approach. Under that approach, different portions of the proceeds are given different classifications, dep
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20.0%
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| | 5. Divorce Source: Property Division/Personal Injury Proceeds/Punitive Damages
The husband, a fisherman, lost substantial income from his fishing business when the Exxon Valdez ran aground and spilled oil into the waters around Alaska. Along with numerous other plaintiffs, the husband sued Exxon and recovered a significant award. The verdict included one sum for lost wages and
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| | 6. Divorce Source: PERSONAL INJURY CLAIM ANNUITY
The husband claimed that the trial court erroneously concluded that an annuity arising from a personal injury claim was marital property subject to equitable distribution. The agreement provided that the insurers would purchase an annuity to make the future periodic payments.
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| | 7. Divorce Source: CLASSIFICATION OF TORT AWARDS
A difficult question is presented when a settlement agreement contains an allocation of damages among the types of damages. Is the agreement binding on a spouse who is not a party to the settlement? Clearly, if both spouses sign the settlement agreement, it is binding on both. Phillips v. Phillips,
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| | 8. Divorce Source: DIVISION OF MARITAL PROPERTY PERSONAL INJURY CLAIMS
The husband claimed that the trial court had abused its discretion in not assigning a value to the wifes pending personal injury claim and in dividing the marital property.
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| | 9. Divorce Source: REAL PROPERTY -- LIEN
The husband was awarded all real property acquired by the couple during the marriage; the wife received a 50% equitable lien on this real property.
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| | 10. Divorce Source: PERSONAL INJURY SETTLEMENT PROCEEDS
(�1999) In this case, the couple had been married for 17 years before the granting of a divorce in 1996. In 1984, the husband had been injured in a work-related accident; his arm had been completely severed and then reattached. In January 1988, a settlement agreement was reached.
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