Husband failed to carry his burden, in action for divorce, of establishing what portion of personal injury settlement received by him was attributable to his personal injuries, as required for finding that such portion constituted his separate property; husband presented no evidence establishing which portion of settlement was attributable to his personal injury, as opposed to loss of marital earnings and any reimbursement for expenses paid from marital assets, and evidence demonstrated that portion of settlement monies were meant to reimburse parties for loss of marital earnings, compensation for expenses paid from marital assets, and compensation for loss of consortium.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com