General Question

jonsblond's avatar

How do court awarded settlements get divided when a couple divorces?

Asked by jonsblond (37678 points ) November 3rd, 2009

Don’t worry, it’s not us. We are way too poor to have to worry about this shit.

A monetary settlement A is awarded to Husband and Wife. Husband gets X amount of settlement and Wife gets Y amount of settlement. A few years later Husband and Wife decide to get divorced. A is now substantially less than it was when first awarded.

Are both Husband and Wife entitled to portions of the settlement?

Would the remaining amount be split, proportionally, along the same X,Y lines as the original A?

If no real records were kept of who spent what, how would A be divided?

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9 Answers

jackm's avatar

I am sure this is something that gets specifically dealt with in divorce court. Each one is taken on a case by case basis. The couples might also agree to deal with it out of court as well.

dpworkin's avatar

Everything about common property is negotiable during a divorce, regardless of what may or may not seem to be fair.

Blondesjon's avatar

@pdworkin . . .Is it still common property if X amount of the settlement was specifically awarded to Husband and Y amount of the settlement was awarded specifically to Wife?

dpworkin's avatar

I don’t know as a matter of law if the original agreement takes precedence. From my own experience I would say they shouldn’t count on it.

JLeslie's avatar

Interesting question. Since it was awarded specifically in each of their names I wonder if it is common property? Like inheritance is not. If you get a big fat inheritance from a relative passing away and later get divorced, your spouse gets none of it (unless that varies by state which I am unaware of). But, your paycheck is in your name for work you did, but your spouse is entitled to half of that. Hmmm? Hope a lawyer chimes in.

YARNLADY's avatar

If the original wards to each person were kept separate, they would be awarded according to what is left in each account, but if they were co-mingled with the rest of the marriage finances, the divorce lawyers would have to argue the case for each partner, and the original source probably would not have much weight.

casheroo's avatar

Hm, my non-legal response is that it’d still be split in half..because they both won the case.

I do wonder though, I’m sort of in the same situation, but I guess backwards. I sued someone and won, but have yet to see the money. It was technically my husbands money but I got it “stolen” so I did the suing and all that. I sued a husband and wife, put a lien on them..still waiting for my damn money. I would get the money though, and not my husband I suppose.

Darwin's avatar

But would it be different in a community property state since the awards came during the marriage?

In any case, the divorce lawyers would certainly pay attention and do what they can for their respective clients.

Garebo's avatar

I never was real good at algebra, but I do know that if Y = a+b/x(a-by)2-they’re screwed.
Community property states A=B, unless A proves B /=A.

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