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Divorce and Personal Injury Awards in Arizona | Hildebrand Law, PC

Posted on : May 4, 2017, By: Christopher Hildebrand

Divorce and Personal Injury Awards in Arizona

Receiving an award for damages in a personal injury lawsuit is a long and complicated process, and the money you receive is usually needed to pay for your injuries. If you are going through a divorce when the settlement is reached, you might be having some major concerns that the award you and your personal injury attorney Atlanta GA relies on worked so hard for may end up being split with your soon to be ex-spouse. Unfortunately, there is no simple answer to the question of whether or not a personal injury award will be divided in a divorce proceeding.

Generally speaking, property and other assets accumulated during a marriage are considered “marital assets” and may be equitably divided among the parties of the divorce action. So, if a spouse in a divorce receives a significant award in a personal injury settlement before the divorce is finalized, it could be seen as a marital asset and be eligible for a division.

Because of this, the absolute best way to protect a personal injury award from being divided is to make sure you finalize the divorce before settling the personal injury claim. This way, the award from the claim cannot possibly be a marital asset, as the marriage has been dissolved. However, doing this in practice can often be easier said than done as both personal injury and divorce cases can be tedious, expensive, and drawn-out proceedings.

Divorce and Personal Injury Awards.

What type of award was granted will also be a major factor in if it will be eligible for a division. If the award was granted for compensatory damages such as “pain and suffering,” which is apparently given to a particular person for the hardships they endured, then your attorney may be able to defend the award from being divided.

However, other types of compensatory damages such as lost wages or medical expenses directly impact marital property and may be divisible.

Even if the award is not divided, it may be factored into the calculations for alimony or child support. Some very determined ex-spouses may also file a modification of the divorce action to incorporate any personal injury awards that occurred post-divorce.

Divorce law and personal injury law vary on a state by state basis. Without an experienced personal injury or divorce attorney advising you, it can be easy to grow confused and frustrated. For specific information and guidance on how to protect your injury award from being divided with your spouse in a divorce, talk to your attorney to find what the best path will be for you.

If you have a question about divorce in Arizona, please call to speak to one of our experienced Scottsdale and Phoenix Arizona divorce attorneys at (480)305-8300.

Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into divorce and personal injury awards.

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A Google User

21:41 07 Nov 17

I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.

A Google User

16:03 22 Nov 17

Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.

A Google User

18:16 18 Sep 17

Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client

Bassam Ziadeh

21:20 02 Apr 18

I retained Hildebrand Law after interview a number of firms in the valley. Working with Michael C. was incredibly easy and informative. My case progressed in such a organized and thought out way to ensure that my needs were met. Michael was incredibly proactive and was able to see far ahead into my case to steer clear of some roadblocks. I would not hesitate to recommend Michael Clancy, and Hildebrand Law in general, to anyone.

Larry Flint

21:53 27 Feb 18

I have worked with Hildebrand law for about 8 years. They are always ready to serve, provide guidance and give you a few options. When they provide you options they also take the time to walk you through the pros and cons of each and give you a recommendation of what is best, but will listen to you and support whatever course you choose after making and educated choice. I’d recommend them to my closest friends and feel Chris Hildebrand is now a friend to me.

Sam Franchimone

22:09 12 Sep 13

Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus. Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone. And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend. Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome. I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face. I highly recommend Chris Hildebrand @ Hildebrand Law, PC.

Lindsay Donoian

06:53 27 Sep 14

I cannot express enough how thankful I am that I found Hildrebrand Law. Chris Hildebrand is an excellent attorney who has my best interests in mind and always encourages me to do the right thing regardless of what the opposing party is doing. Chris knows family law very well and relies on that knowledge to format options and solutions for each situation that may arise. He knows what the Court expects and what will and will not be tolerated. He has attempted to settle this case quickly and as inexpensively as possible from the start. His paralegal, Laura, is remarkable. She is organized, quick to respond, and compassionate. Chris is well prepared with a binder full of detailed and organized information and that is likely due to her thorough skills and expertise. While getting a divorce that was unexpected is a painful and difficult process, Chris and Laura treat my family and I like friends rather than another just "client." I am hopeful that I do not need to recommend divorce lawyers to anyone in the future but if I do, Hildebrand Law will be a recommendation I would give hands down.

Jim Caryl

22:53 26 Jul 18

I interviewed several firms and selected Hildebrand Law for my difficult military divorce as a direct result of their whole family concern and integrity. During the interview process the professionals at Hildebrand Law were as concerned for the well being of my children as I was and ensured that they presented several options along the way to ensure that we protected my children's needs as well as my financial situation. At each decision point they laid out a clear path, how it impacted the children, the financial situation. They even reminded me that my ultimate stated goal was the best interest of my children each time the other party got particularly challenging and my frustration was getting the better of me. The owner handled my case personally and was exceptionally well versed in the unique aspects of a divorce involving the military and associated benefits. Won't need them again (fingers crossed!!! :) ) but would totally recommend them to anyone!

sandi rigney

17:19 28 Jun 18

We had a fairly complicated case in Family Court and Juvenile Court. Kip was an excellent attorney. He covered every base there was to cover and left no stone unturned. I would highly recommend him to anyone going through custody proceedings. Hildebrand Law is an excellent law firm and I am confident that Kip or any of their other attorneys would do an excellent job! Thanks Kip and Hildebrand Law!

PrinceAiden Johnson

17:15 13 Jun 18

The firm of Hildebrand Law is top notch. It's necessary to state again that Kent Millward is the epitome of excellence in a vast community of attorneys and will fight valiantly for you. We hired Kent and discovered a very good attorney with a good heart. For great family law representation and more this is the Law Firm for you. To Chris, Kent, Alison and all of Hildebrand Law,Thank you so much!

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Divorce and Personal Injury Awards in Arizona | Hildebrand Law, PC

Divorce and Personal Injury Awards in Arizona

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