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

Posted on : May 4, 2017, By: Chris 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.

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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.

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.

Divorce and Personal Injury Awards in Arizona.

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 questions about personal injury awards in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have over 100 years of combined experience successfully representing clients in divorce and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona divorce or family law case around today.

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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About the Author: Chris Hildebrand has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and others. Visit https://www.hildebrandlaw.com.

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16:13 27 May 21

Very kind and informative with zero pressure.

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02:52 09 Apr 21

Their level of knowledge and expertise inspired confidence from the initial... consultation, where they clearly outlined the possibilities along with the potential costs of each.Both Carlos Noel, our attorney and his para-legal, Lindsey Duran, were available to answer questions and guide us through the process. Their attention and care greatly increased our comfort level, as everything had to be done virtually, due to COVID-19.Communications with the other side were strategic and effective, undoubtedly saving both time and money.We were very pleased with the final outcome and would not hesitate to use the firm again or recommend them to others. They know their stuff and get it done!Z. Beck & M. Beck-Harbortread more

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Chris is an excellent attorney and widely recognized as a leading expert in his... field. I highly recommend him and his firm if you or a loved one is going through a divorce.read more

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Was great source of information in regard to Arizona family law. Promptly... responded to messages with accurate information. Highly recommend.read more

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Chris Hildebrand is an experienced and knowledgeable attorney who does well... both in and out of the courtroom. My experience with Chris is that he's a strong advocate for his clients and a knowledgeable attorney. I never hesitate to recommend him for any legal matter.read more

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16:47 10 Oct 19

Great to Work with!

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20:54 24 Jul 19

I hired Michael Clancy just when I was about to give up on an existing... post-decree case which I started with a different attorney over a year ago. Michael is knowledgeable, upfront and personable; he gave me the confidence to continue and settle my post decree case. I knew he was secure, capable and could handle my case and represent me well. He did everything he could to ensure a great outcome for the modification of my current court orders to help my son have a more stable mental, social and physical well-being, which to me is priceless! I would highly recommend him to anyone who wants to be in the best possible hands during one of the most stressful events that could happen to any parent that wants the best for their child/children. Thank you Michael for fighting for my son's safety!! Also, his paralegal, Alison, was awesome and very helpful!read more

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Compassionate and patient and helped so much. The best attorney I've ever... dealt with. Nothing but good things to say about Chris. So grateful.read more

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I first should comment on how I found this law firm. I am an attorney myself,... though never licensed in Arizona. I moved to Arizona to rejoin my wife and son, who had moved out to Arizona ahead of me. Things soured. I don't know why, but they did.There was a particular issue for me with inherited property. I did some basic Internet research, and Hildebrand's name kept coming up as the author of scholarly articles on the issue concerning me. I asked that Hildebrand be assigned to my case. This was not possible, but his second in command, Mr. Micuda, took over, and Mr. Micuda knows his business.The initial scheduled 1 hour meeting ran for an hour and 45 minutes, and facts, law, and strategy were fully discussed. Throughout the case, everything was explained to me clearly, both verbally and in writing.Proceedings went forward without delay. Because I had selected one of the most prominent Domestic Relations firms in town, there was no serious opposition. This ended up being an essentially co-operative divorce between the two sides, the reasoning being to conserve assets rather than enrich lawyers.Through a series of 3 or 4 payments, I put up about $10,000 for fees and costs. I found the Hildebrand law firm's billings to be fair. They billed for work done; no padding. I am getting about 25% of what I paid in back, as a refund.The matter was done in about 6 months: divorce, agreed property settlement, agreed support provisions as to my son. My matters were handled by an attorney and paralegal team, and handled efficiently.Mine was not a "big" case in terms of its economic value to anyone, but I did not feel like a second or third class citizen; I was treated with the same respect, even though the dispute was over a condo, as opposed to, say, a Scottsdale mansion with land.This may sound strange, but i was actually somewhat sorry that the matter had to come to a conclusion. I felt that I had been treated like a friend, not just an anonymous customer. Being a practical man, I realize it's down to sending a Christmas or other seasonal card.As I said at the outset, I found this place by dint of my own research. I feel I am a lucky man that I did.read more

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Choosing the right law firm and personal attorney was one of the most important... decisions I made during one of the most challenging times in my life. Prior to meeting with Mr. Micuda at Hildebrand Law, I had never required legal services. I was naive about the process and I was incredibly stressed about the potential risks and challenges I was facing.From the very start, Hildebrand Law and Mr. Micuda helped me to understand the process and to feel as comfortable as possible; they were attentive to the emotional and legal aspects of my situation. Mr. Micuda effectively communicated with me all along the way, making sure that decisions were made together and that I was comfortable with the legal approach we took. At every twist and turn, I was given more information and more options. There were times when I wanted to be very involved and there were times that I needed Hildebrand Law to handle things for me. They were able to accommodate both situations effectively.Mr. Micuda was professional and very skilled. He communicated clearly and effectively. Throughout the process, it was evident that, compared to the other side, my attorney was more professional, better prepared, and more qualified to get the job done right. The process was expensive, but I didn't feel that I was being unfairly billed - I received what I paid for: great service and a competent legal strategy that helped me realize my goals. I would definitely look to Hildebrand Law again if I needed legal counsel and/or representation.read more

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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!read more

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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.read more

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21:53 27 Feb 18

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23:16 28 Nov 16

A Google U.

17:44 23 Jun 16

I feel that Tracey Van Wickler is certainly one of the best family lawyers... around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.read more

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01:32 04 Jul 15

I retained Kip Micuda for representation during my divorce and would... wholeheartedly recommend him to anyone that's going through the stress and daunting reality that ensues. He was able to explain the process and put my mind at ease, that is as best as possible, so that I could focus more on my day-to-day tasks of fatherhood and financial provider. Kip is not another pompous lawyer but more of a seasoned advocate that can navigate you out of the mess we refer to as marriage. You were right Kip. It does get better!read more

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17:59 02 Jul 15

I retained Chris as my lawyer back in 2006 to settle my divorce. I felt like I... was well represented and that my case was more than just a job. Divorce/child custody is a very unpleasant time in one's life and to have someone like Chris Hildebrand guide you through the process is a huge relief!read more

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00:19 24 Apr 15

Kate K.

16:03 18 Apr 15

Laura O.

00:34 23 Jan 15

Lindsay B.

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.read more

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00:36 19 Mar 14

Terri H.

17:00 01 Nov 13

When I originally took care of my divorce I did it on my own. Well, that... wasn't the best choice; as I found myself years later needing to correct agreements I made to protect my son's best interest. After a year of attempting to battle my circumstances from another state, I found Hildebrand Law and Kip Micuda. From the start Kip saw the importance and urgency to help me. My case was not in the jurisdiction of the law firm but Kip met with his partner Chris Hildebrand and they agreed to take my case. From there, Kip and the firm worked diligently and tenaciously on my behalf despite the multiple obstacles that continued to arise. Not only did they push through those obstacles, Kip was also there for me during emotional distress, reassuring me that we would get through it. In the end, we conquered those obstacles and set up a better situation for my son; of which I am deeply grateful. It doesn't end there. My case weighed very heavy on my finances and through my entire case the Firm was very generous with their time, costs and continually worked with me. I couldn't be happier with the results and the care and generiosity I was shown. Thank you Hildebrand Law! You are the best!read more

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01:28 09 Oct 13

Tracy Steele V.

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

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