CHAPTER 8 Miscellaneous Property Interests

• Jurisdiction: United States
• Publication year: 2021

CHAPTER 8 Miscellaneous Property Interests

Chapter Contents

§ 8.01 Personal Injury Claims

[1] Settlements or Judgments Obtained During Marriage

[a] Kitchen Sink States
[b] Marital Property States

[i] States with Express Statutes
[ii] States without Express Statutes

[A] The Unitary Approach
[B] The Mechanistic Approach
[C] The Analytic Approach
[D] Dividing the Personal Injury Recovery at Divorce

[c] Injuries Before Marriage
[d] Lump-Sum Settlements
[e] Double Recovery of Medical Expenses
[f] Uninsured Motorist Recoveries
[g] No-Fault Insurance Recoveries
[h] Punitive Damages
[i] Loss of Consortium Claims

[2] A Personal Injury Action Pending at Divorce
[3] Interspousal Torts

[a] Recoveries During Marriage
[b] Actions Initiated After Divorce

[i] Claims Arising After Divorce
[ii] Claims Arising During Marriage

[4] Alienation of Affections
[5] Criminal Conversation
[6] Loss of Consortium

§ 8.02 Workers' Compensation Benefits

[1] General Overview
[2] Benefits Received During Marriage Regarding an Injury During Marriage
[3] Benefits Received After Divorce Regarding an Injury During Marriage

[a] Pending Workers' Compensation Claim as "Property" Owned at Divorce
[b] When the Benefit Is "Acquired"
[c] Characterization Based upon What the Benefits Replace
[d] Workers' Compensation as Insurance Proceeds

[4] Benefits Received During Marriage Regarding an Injury Suffered Before Marriage
[5] Benefits That Also Replace Retirement Benefits

§ 8.03 Disability Benefits

[1] Benefits Received During Marriage Regarding a Disability During Marriage
[2] Benefits Received After Divorce Regarding a Disability During Marriage

[a] Whether Property Is "Acquired" During Marriage
[b] Characterization Based upon What the Benefits Replace
[c] Characterization Based upon the Character of the Premiums Paid
[d] Applying the Implied Exclusion Approach
[e] Disability Benefits as Pensions
[f] Case-by-Case Approach
[g] Policy Concerns

[3] Benefits Received after Divorce Regarding a Disability After Divorce
[4] Benefits Received During Marriage Regarding a Disability Before Marriage
[5] Benefits Received After Divorce Regarding a Disability Before Marriage

§ 8.04 Wrongful Death Recoveries

[1] Implied Exclusion Approach
[2] Characterization Based upon What Is Being Compensated

§ 8.05 A Spouse's Interest in a Trust

[1] Corpus of a Trust Created by a Third Party

[a] Distributions During Marriage and Appreciation of the Trust Corpus During Marriage

[i] Marital Property States
[ii]

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