Divorce Settlements and Personal Injury Awards

Divorce Settlements and Personal Injury Awards

Divorces can often be hotly contested and quite brutal to go through. The old adage goes that divorcing spouses often fight over the pettiest of things, like dividing up the pots and pans. But what about something a little more abstract, like a personal injury award? Here is a simple guide to understanding how personal injury awards are distributed during a divorce settlement.

Marital Assets

To better understand how South Carolina courts will divide marital assets, including those acquired during the marriage, it is best to understand the framework in which the courts work. South Carolina, like a majority of other states, distributes the marital assets in a divorce under a theory of equitable distribution. Equitable distribution, despite what its name might suggest, does not mean an equal division of assets, but a fair division of assets.

South Carolina spouses have a right to all marital property, which is why the court is able to divide the property amongst the spouses. However, the court cannot divide non-marital property. Non-marital property in South Carolina is property that was acquired by a spouse in any of the following ways:

  • By inheritance or gift to one spouse alone during marriage
  • Acquired before the marriage
  • Excluded ownership by a written contract like a prenuptial agreement

Once it is decided whether or not an asset is marital property, the court considers a number of factors in deciding how to split up those assets. These include but are not limited to:

  • Length of the marriage
  • Age of parties
  • Value of the marital property
  • Contribution of each spouse to the value of the marital property
  • Physical and emotional health of each spouse
  • The non-marital property of each spouse
  • Tax consequences of the division of property
  • Liens or debt on the marital property
  • Any other relevant factors

Not So Personal Injury Awards

The short answer of whether or not your spouse can get a personal injury award in your divorce is yes, but only if the injury occurred during the marriage. The long answer is a bit more complicated than that.

As discussed above, a South Carolina court has to divide all marital assets in a divorce. If you or your spouse suffered a personal injury during your marriage, then any settlement, awards, or compensation for that injury is considered a marital asset just like any other property acquired during the marriage under South Carolina law. It does not matter if the money was actually received during the time of the marriage. The financial interest in the potential compensation that a spouse might receive is also a marital asset and factored into the valuation.

How much each spouse will get depends on a number of factors, just like any other marital asset in the marriage. It does not matter that only one spouse may be injured; the award for that injury is up for division.

Get More for Your Personal Injury

Divorces are often considered one of the most difficult times in a person’s life. In a hotly contested divorce, you need skilled representation to best represent your interests and fight for what you have worked hard for. Contact Klok Law Firm LLC for expert assistance if you are considering divorce or going through divorce proceedings in Charleston or the Mt. Pleasant Area.

97 Comments
  • 醫學美容-組合-鑽級-cosmetic-wiki
    Posted at 23:22h, 25 October

    美容化妝 » dorisyeung’s blog’ 美容化妝 » dorisyeung’s blog’

  • Football Solutions Napoli
    Posted at 04:11h, 10 November

    Sportsmail will have highlights from every Barclays Premier League match this season – you can watch the latest action on our video player. Newcastle 1 Reading 2: Watch video highlights here

  • futbol.run Women's EURO - Petra Häkkinen
    Posted at 08:46h, 19 November

    Aston Villa have been encouraged to approach Nigel Pearson to become their next manager. Villa are currently bottom of the Premier League, two points adrift of 19th-placed Newcastle United. Aston Villa encouraged to target former Leicester manager Nigel Pearson as club continues search for new boss 

  • SammyTwerm
    Posted at 12:39h, 01 March

    Read our in-depth iPhone XS Max review
    Read our hands-on iPhone XR review
    link
    Read our hands-on Apple Watch 4 review
    iPhone XS price and release date
    iPhone XS

  • Eusebia Tegethoff
    Posted at 20:04h, 03 March

    Awesome post. Do you run a business and need clients? Simply click my name and get 100k visitors to your website. Thanks!

  • Rafaela Speltz
    Posted at 20:59h, 03 March

    If you’re looking for an email list, head on to Emails 4 Less. Very cheap email packages and high delivery rate. http://bit.ly/emails4less

  • Marcell Casmore
    Posted at 17:31h, 05 March

    Thanks on your marvelous posting! I definitely enjoyed reading it, you might be a great author.I will make certain to bookmark your blog and will often come back in the foreseeable future. I want to encourage you to continue your great writing, have a nice weekend!

  • Georgetoott
    Posted at 22:55h, 06 March

    Los Blancos, with captain Sergio Ramos suspended after deliberately collecting a yellow card in the first leg, had been looking to build on a slender 2-1 lead from that game in Amsterdam and stay on course for a potential fourth straight European triumph.

    However, after Raphael Varane’s header rattled the crossbar, Ajax raced into an early lead through Hakim Ziyech before Dusan Tadic set up David Neres for a second in the 18th minute.
    tinyurl
    Real Madrid were forced into two changes when Lucas Vazquez and Vinicius Junior went off injured, with substitute Gareth Bale hitting the post just before half-time.

    Ajax looked to have put the tie to bed when Tadic swept in a brilliant third goal just after the hour – which was eventually given following an extensive Video Assistant Referee review to check if the ball had gone out of play in the build-up.

  • Anthonydum
    Posted at 20:00h, 08 March

    Inter Rapid Wien live score (and video online live stream*) starts on 21.2.2019. at 20:00 UTC time at San Siro/Giuseppe Meazza stadium, Milan, Italy in UEFA Europa League, Knockout stage – Europe. Here on SofaScore livescore you can find all Inter vs Rapid Wien previous results sorted by their H2H matches. Links to Inter vs. Rapid Wien video highlights are collected in the Media tab for the most popular matches as soon as video appear on video hosting sites like Youtube or Dailymotion. We’re not responsible for any video content, please contact video file owners or hosters for any legal complaints tinyurl.

  • Henryduppy
    Posted at 19:30h, 12 March

    Theresa May says she has secured “legally binding” changes to her Brexit deal, a day ahead of MPs voting on it.

    But European Commission President Jean-Claude Juncker” warned if the deal was voted down there was “no third chance”.

    They spoke at a joint press conference in Strasbourg after a late meeting.

  • eebest8 michael
    Posted at 13:53h, 13 March

    “Just a smiling visitor here to share the love (:, btw outstanding design and style .”

  • Henryduppy
    Posted at 20:37h, 14 March

    These three figures — William Rick Singer, Mark Riddell and Rudolph Meredith, respectively — are at the center of the nationwide scandal in which 33 parents are accused of using their wealth and means to help their children game the college admissions system.
    But those three names do not appear anywhere in the complaint text, though the document gives enough clues to make clear who is who. Instead, they are named as Cooperating Witness 1, 2 and 3, and each agreed to plead guilty and to cooperate with the government in the hope of obtaining leniency when they are sentenced, the complaint says.

  • Marketing & Advertising Agency in Dallas Fort Worth
    Posted at 23:53h, 14 March

    Major thankies for the article post.Really looking forward to read more. Really Cool.

  • FrankCal
    Posted at 18:47h, 16 March

    Trump was surrounded at Friday’s event by officials from Customs and Border Protection as well as surviving family members of those who have loved ones killed by undocumented immigrants. Attorney General William Barr was also at the President’s veto event.
    While some lawmakers including some Republicans — have argued against the President’s use of national emergency powers in this instance, the Justice Department set forth a robust defense of the President’s authority to do so in a letter to Senate Majority Leader Mitch McConnell earlier this month, according to a copy obtained by CNN on Friday.
    “The President acted well within his discretion in declaring a national emergency concerning the southern border,” wrote Assistant Attorney General Stephen Boyd, setting out the legal basis for the proclamation under the National Emergencies Act and additional statutory authorities, which largely tracks an internal memo issued by the Office of Legal Counsel at the Justice Department.

  • Jesseben
    Posted at 06:38h, 19 March

    On how she landed on her direction in life:

    “I always knew I was meant to be working in art, I just never knew how. In school, was so confused and always switched my majors around. In 2015, I decided to take a break from school to help out at home and that’s when I discovered my passion for fashion illustration. I drew/a> an illustration of Jhene Aiko and she liked it on Instagram. It kind of grew from there.”

  • pop over here
    Posted at 07:52h, 19 March

    Really enjoyed this article post.Really thank you! Really Great.

  • Auto Insurance Vancouver
    Posted at 07:00h, 20 March

    I truly appreciate this article post.Really looking forward to read more. Keep writing.

  • Commercial Electrician in Auckland
    Posted at 12:07h, 20 March

    Awesome blog article.Really looking forward to read more. Much obliged.

  • Timber Flooring in North Shore
    Posted at 18:37h, 20 March

    Im thankful for the article.Thanks Again. Much obliged.

  • ikea furniture assembler
    Posted at 20:05h, 22 March

    I think this is a real great blog article.Much thanks again. Cool.

  • Air Max 2019
    Posted at 21:44h, 22 March

    jkfbhmlacz,Your blog was informative and valuable to me. Thanks for sharing.

  • Virginia braiding salon
    Posted at 01:30h, 23 March

    Im thankful for the blog post. Cool.

  • Google
    Posted at 03:12h, 23 March

    Google

    Every after in a when we select blogs that we read. Listed below would be the most up-to-date web-sites that we pick.

  • Homepage
    Posted at 08:15h, 23 March

    This is one awesome blog post.Thanks Again. Will read on…

  • Nike Air Vapormax Plus
    Posted at 09:03h, 23 March

    lqabrvrm,Thanks for ones marvelous posting! I actually enjoyed reading it, you will be a great author.I will always bookmark your blog and will wkkvezjq,come back from now on. I want to encourage that you continue your great writing, have a nice afternoon!

  • Yeezy Shoes
    Posted at 20:51h, 23 March

    kcvczitltht,This website truly has alll of the information and facts I wanted about this subject and didn?t know who to ask.

  • Cheap NFL Jerseys
    Posted at 04:30h, 24 March

    yvjtvz,Thanks for sharing such an amazing blog. I am so happy found this informative blog.

  • Get More Information
    Posted at 17:25h, 24 March

    I used to be able to find good advice from your blog posts. https://issuu.com/psitestriet/docs/coast-guard-service-members-and-asb

  • Yeezy Boost 350 V2 Blue Tint
    Posted at 06:51h, 25 March

    hbtqaabi,Wonderful one thank you so much !

  • Pandora Official Site
    Posted at 07:44h, 25 March

    kcfunkmbguo,Definitely believe that which you said. Your favourite justification appeared to be on the net the simplest thing to remember of.

  • JTHCF1D21E6000143
    Posted at 08:52h, 25 March

    Thanks so much for the post. Cool.

  • office furniture installers
    Posted at 12:15h, 25 March

    Awesome article. Great.

  • React Element 87
    Posted at 18:54h, 25 March

    gepkfsfruit,Hi there, just wanted to say, I liked this article. It was helpful. Keep on posting!

  • RodneyRuh
    Posted at 23:51h, 25 March

    Christina was born in the royal castle Tre Kronor on 18 December S. 8 December] 1626. Her parents were the Swedish king Gustavus Adolphus and his German wife, Maria Eleonora, had already had two daughters—a stillborn princess in 1620, and then the first Princess Christina, who was born in 1623 and died the following year.3] Excited expectation surrounded Maria Eleonora’s third pregnancy in 1626. When the baby was born, it was first thought to be a boy as it was “hairy” and screamed “with a strong, hoarse voice.”she later wrote in her autobiography that, “Deep embarrassment spread among the women when they discovered their mistake.” The king, though, was very happy, stating, “She’ll be clever, she has made fools of us all!”6] From most accounts, Gustav Adolf appears to have been closely attached to his daughter, and she appears to have admired him greatly.

  • evening gown
    Posted at 07:01h, 27 March

    Thanks for the article.Much thanks again. Want more.

  • dual cock ring vibrator
    Posted at 10:43h, 27 March

    dual cock ring vibrator

    […]just beneath, are numerous completely not associated web sites to ours, nevertheless, they may be certainly worth going over[…]

  • Desert Safari Dubai
    Posted at 11:59h, 27 March

    Desert Safari Dubai

    […]just beneath, are various entirely not connected websites to ours, on the other hand, they are certainly worth going over[…]

  • Adidas Yeezys
    Posted at 10:07h, 28 March

    osidaists,Waw! Its really great and wonderful ever i found. Thank you for sharing this info.

  • 3 Ways To Have (A) More Appealing MAKE MONEY IN RECESSION
    Posted at 12:22h, 28 March

    Enjoyed every bit of your post.Really looking forward to read more. Cool.

  • lawn care service atlanta
    Posted at 16:58h, 28 March

    lawn care service atlanta

    […]below you will uncover the link to some web sites that we feel you must visit[…]

  • iphone screen repair
    Posted at 21:50h, 28 March

    iphone screen repair

    […]Wonderful story, reckoned we could combine several unrelated information, nonetheless really really worth taking a appear, whoa did a single master about Mid East has got more problerms as well […]

  • RichardNab
    Posted at 04:53h, 29 March

    A court has ruled that the building is illegal, and the €57 million ($64 million) Chateau Diter will now have to be knocked down.
    Property developer Pierre Diter, who owns the chateau in the town of Grasse, in Southern France, has 18 months to raze the building and faces a fine of €200,000 ($226,000), Pierre-Jean Gaury, attorney general at the court of appeal in Aix-en-Provence, told CNN.
    “Patrick Diter was accused of having executed important works on a land without authorization,” said Gaury.

  • Cheap Jerseys
    Posted at 06:16h, 29 March

    owzryvsnh,Your blog was informative and valuable to me. Thanks for sharing.

  • Yeezy 350
    Posted at 06:45h, 29 March

    ujhcnwkmzgx,A very good informative article. I’ve bookmarked your website and will be checking back in future!

  • chwilówki
    Posted at 23:17h, 29 March

    Fantastic post.Much thanks again.

  • penis sleeve enhancer
    Posted at 00:07h, 31 March

    penis sleeve enhancer

    […]Wonderful story, reckoned we could combine a couple of unrelated data, nonetheless definitely really worth taking a search, whoa did one learn about Mid East has got additional problerms also […]

  • Balenciaga UK
    Posted at 11:57h, 31 March

    bgjjlxssf,If you want a hassle free movies downloading then you must need an app like showbox which may provide best ever user friendly interface.

  • Yeezy Shoes
    Posted at 17:36h, 31 March

    ryvynuvw Yeezy Boost,Thanks for this useful information, Really amazing. Thanks again. I LOve your BloG

  • Pandora UK
    Posted at 18:46h, 31 March

    lsyamoilstr,Some really nice stuff on this website, I enjoy it.

  • 3 Ways To Have (A) More Appealing MAKE MONEY IN RECESSION
    Posted at 19:35h, 31 March

    Really enjoyed this post.Much thanks again. Keep writing.

  • penis ring vibrator
    Posted at 22:41h, 01 April

    penis ring vibrator

    […]check below, are some completely unrelated internet websites to ours, nevertheless, they may be most trustworthy sources that we use[…]

  • Yeezy
    Posted at 07:24h, 02 April

    osuarxwqhyg Adidas Yeezy,Some really nice stuff on this website, I enjoy it.

  • Nike Outlet store
    Posted at 13:08h, 03 April

    npxndxoofz,Hi there, just wanted to say, I liked this article. It was helpful. Keep on posting!

  • home page
    Posted at 19:19h, 03 April

    Thanks-a-mundo for the article.Really looking forward to read more. Will read on…

  • Nike Air Max 270
    Posted at 07:29h, 04 April

    Game Killer Apk Download Latest Version for Android (No Ad) … Guess not because Game killer full version app is not available on Play store.

  • virgin kinky curly clip in hair extensions
    Posted at 12:25h, 04 April

    Really appreciate you sharing this blog.Much thanks again. Cool.

  • pandora jewelry
    Posted at 21:00h, 04 April

    zpwihkwylwz,Hi there, just wanted to say, I liked this article. It was helpful. Keep on posting!

  • Pitkin Sympathy Florists, NY
    Posted at 21:29h, 04 April

    I really liked your blog article.Really looking forward to read more. Cool.

  • HerbertChuts
    Posted at 23:01h, 04 April

    Despite residing in Germany for nearly 30 years, there are still some things I cannot wrap my mind around. I may have married a German, pay German taxes, and have German(-American) children, but I guess my US mentality still shines through.

    Like when it comes to personal space. I’ll be standing in the supermarket, in front of a shelf full of products, deliberating over the selection, and inevitably a hand will slip itself in front of my face and grab an item from the row. Many Germans seem to not have any qualms about this at all, but it still takes me aback sometimes.

  • Tasmania Holidays
    Posted at 05:59h, 05 April

    wow, awesome blog.Really thank you! Great.

  • how to find g spot
    Posted at 11:54h, 05 April

    how to find g spot

    […]Here is a good Blog You may Obtain Exciting that we Encourage You[…]

  • Alex Leleux
    Posted at 13:07h, 05 April

    Make money online by watching ads. High Payouts! https://adblast.alternet.com/r/viewmore

  • cheap jerseys
    Posted at 02:06h, 06 April

    lcjrjc,Thanks for ones marvelous posting! I actually enjoyed reading it, you will be a great author.I will always bookmark your blog and will fhlgcpqygq,come back from now on. I want to encourage that you continue your great writing, have a nice afternoon!

  • Nike Outlet store
    Posted at 13:04h, 06 April

    Game Killer Apk Download Latest Version for Android (No Ad) … Guess not because Game killer full version app is not available on Play store.

  • evolved vibrator
    Posted at 02:03h, 07 April

    evolved vibrator

    […]although sites we backlink to below are considerably not associated to ours, we feel they are in fact worth a go as a result of, so have a look[…]

  • Porn City XXX
    Posted at 21:25h, 07 April

    Porn City XXX

    […]that is the end of this write-up. Here you will locate some websites that we believe you’ll enjoy, just click the hyperlinks over[…]

  • NFL Jerseys 2019
    Posted at 21:34h, 07 April

    Game Killer Apk Download Latest Version for Android (No Ad) … Guess not because Game killer full version app is not available on Play store.

  • Michaele Delnoce
    Posted at 15:49h, 08 April

    I know this if off topic but I’m looking into starting my own weblog and was curious what all is needed to get set up? I’m assuming having a blog like yours would cost a pretty penny? I’m not very internet smart so I’m not 100 positive. Any recommendations or advice would be greatly appreciated. Many thanks

  • real skin dildo
    Posted at 18:49h, 08 April

    real skin dildo

    […]please take a look at the internet sites we adhere to, which includes this a single, as it represents our picks through the web[…]

  • CharlesKal
    Posted at 23:38h, 08 April

    Rai News: il primo canale all news italiano. Scopri le ultime notizie in tempo reale. News e aggiornamenti su politica, cronaca, esteri, economia, sport e attualita.

  • website
    Posted at 23:57h, 08 April

    website

    […]very couple of internet sites that come about to be detailed beneath, from our point of view are undoubtedly well really worth checking out[…]

  • #workathome
    Posted at 11:29h, 11 April

    #workathome

    […]the time to study or go to the content material or sites we have linked to below the[…]

  • CharlesKal
    Posted at 14:27h, 11 April

    Ryska militarfartyg kommer till Filippinerna samtidigt som spanningen okar kring Sydkinesiska sjon. Men framfor allt expanderar nu Kina langt us i Stilla havet. Det vacker oro i USA eftersom Kina anses hota de amerikanska ubatar som ar helt avgorande vid en konflikt.

  • cheapest seo packages - $150/Month
    Posted at 05:50h, 12 April

    Having read this I believed it was very enlightening. I appreciate you taking the time and energy to put this informative article together. I once again find myself spending a significant amount of time both reading and leaving comments. But so what, it was still worth it!

  • marijuana online
    Posted at 14:18h, 12 April

    I really enjoy the article.Thanks Again. Will read on…

  • minecraft
    Posted at 16:05h, 12 April

    I think this is one of the most significant info for me.
    And i’m glad reading your article. But want to remark on some general things, The website style is perfect, the articles is really great :
    D. Good job, cheers

  • Rickyhem
    Posted at 12:45h, 13 April

    The Portuguese road Prevention agency (PRP) has this week called for more and improved traffic stops in Portugal. The agency has also deemed current actions by law enforcement officials as ineffective in dealing with the majority of serious traffic offences.

  • Yeezy
    Posted at 02:31h, 14 April

    Game Killer Apk Download Latest Version for Android (No Ad) … Guess not because Game killer full version app is not available on Play store.

  • minecraft
    Posted at 18:30h, 14 April

    I am regular visitor, how are you everybody? This paragraph posted
    at this site is truly fastidious.

  • Phillipnig
    Posted at 11:37h, 15 April

    xxx

  • how to get a house
    Posted at 22:39h, 15 April

    how to get a house

    […]very couple of websites that happen to become comprehensive beneath, from our point of view are undoubtedly very well really worth checking out[…]

  • packaging solutions
    Posted at 09:30h, 17 April

    Great article.Thanks Again. Really Cool.

  • bet bonus code
    Posted at 13:11h, 17 April

    I loved your blog post.Really looking forward to read more. Will read on…

  • minecraft
    Posted at 17:04h, 17 April

    you’re really a excellent webmaster. The website loading pace is amazing.

    It kind of feels that you are doing any distinctive trick.

    Furthermore, The contents are masterpiece. you have done
    a excellent task in this matter!

  • minecraft
    Posted at 05:14h, 18 April

    Hi there, always i used to check webpage posts here in the early hours in the daylight, as i like to find out more and more.

  • Barrybar
    Posted at 06:08h, 18 April

    The series of conversations with the Warsaw Ghetto survivors was conducted to commemorate the 76 th anniversary of the outbreak of the Warsaw Ghetto Uprising that falls on the 19th of April.

  • Luise
    Posted at 11:00h, 18 April

    Hi,Greeting of the day!I was checking your website and see you have a good design and it looks great, but it’s not ranking on Google and other major search engines. I’m an SEO Expert and I helped over 250 business rank on the (1st Page on Google, Yahoo, Facebook, YouTube, Instagram, Pinterest, etc.). My rates are very affordable.Let me know what you think.Warm Regards,John

  • Rotating Rabbit Vibe
    Posted at 11:43h, 18 April

    Rotating Rabbit Vibe

    […]please visit the websites we adhere to, such as this one, because it represents our picks from the web[…]

  • sarkari naukri paper
    Posted at 12:58h, 18 April

    Very good information. Lucky me I came across your site by chance (stumbleupon). I have saved it for later!

  • male masturbator
    Posted at 08:29h, 19 April

    Really appreciate you sharing this blog article.Much thanks again. Really Cool.

  • tinyurl.com
    Posted at 11:48h, 19 April

    Today, while I was at work, my cousin stole my apple ipad
    and tested to see if it can survive a forty foot drop,
    just so she can be a youtube sensation. My apple ipad is now
    broken and she has 83 views. I know this is completely off topic but I had to share it with someone!

  • penis pump
    Posted at 11:58h, 19 April

    penis pump

    […]Wonderful story, reckoned we could combine a handful of unrelated information, nevertheless actually really worth taking a look, whoa did 1 master about Mid East has got a lot more problerms also […]

  • realistic suction cup dildo
    Posted at 12:22h, 19 April

    This is one awesome blog.Much thanks again. Much obliged.

  • NelsonAnams
    Posted at 16:29h, 19 April

    text messaging, or texting, is the act of composing and sending electronic messages, typically consisting of alphabetic and numeric characters, between two or more users of mobile devices, desktops/laptops, or other type of compatible computer.

  • jelly vibrator
    Posted at 20:24h, 19 April

    This is one awesome article post.Much thanks again. Fantastic.

  • NFL Jerseys Wholesale
    Posted at 04:34h, 20 April

    okuzvb,We have a team of experts who could get you the correct settings for Bellsouth net email login through which, you can easily configure your email account with MS Outlook.

Post A Comment