Full question:
My wife won a medical case and won money while we were married. She took that money and moved out. Is this a legal move?
- Category: Marriage
- Subcategory: Marital Property
- Date:
- State: Kentucky
Answer:
Whether you are entitled to any portion of your wife's personal injury award depends on whether it is considered marital property in Kentucky. The Kentucky Supreme Court has ruled that personal injury awards, or parts of them, awarded to one spouse for injuries incurred during the marriage can be classified as marital property, depending on the type of award.
In the case of Weakley v. Weakley, the court found that a settlement for pain and suffering received during marriage was marital property. Conversely, in White v. White, the court ruled that a settlement for injuries sustained before marriage was nonmarital property. Kentucky Revised Statutes (K.R.S.) 403.190(2) defines marital property as all property acquired by either spouse during the marriage, with specific exceptions.
Money received as damages for personal injury is not listed as an exception in K.R.S. 403.190(2). Therefore, it is generally treated as marital property. However, if the award includes compensation for pain and suffering, that portion may be considered nonmarital property since it does not replace earnings that would have been acquired during the marriage.
Ultimately, if the injury occurred during the marriage, any award related to lost wages or earning capacity is likely marital property. In contrast, damages for pain and suffering may not be shared as marital property. If your wife moved out with the winnings from her medical case, whether you have a claim to those funds may depend on the specifics of the award and the nature of the damages received.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.