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Posts in the Division of Marital Property category:

DIVORCE 35: Proceeds received by one spouse in a personal injury lawsuit are generally considered separate property.

Proceeds received by one spouse in a personal injury lawsuit meant to compensate for pain and suffering, as opposed to lost wages, are generally considered separate property. Moreover, separate assets may lose their character as separate property and transform into marital property if they are commingled with marital assets and treated by the parties as marital property.

DIVORCE 10: For an agreement to be unconscionable, there must be both procedural unconscionability and substantive unconscionability.

Despite having signed the proposed divorce judgment, defendant filed an answer to the divorce complaint on February 28, 2017, and on March 2, 2017, she filed a response to plaintiff’s motion for entry of proofs and judgment, along with a motion to restore her possession of the marital home. Defendant claimed arguments premised on unconscionability.

Is an IRA marital property subject to division?

Plaintiff, age 67 at the time of divorce, and defendant, age 59 at the time of divorce, were married for 23 years. The judgment of divorce provides for a division of property. Defendant appeals arguing that the trial court erred in determining the...
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