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However, generally speaking, no, an ex-spouse is not automatically entitled to a personal injury settlement or an injured employee's workers' compensation checks.
In South Carolina, the statute of limitations for personal injury claims is three years, which means that injury victims have up to three years to file a claim after an accident. The clock for the three years begins when victim is injured.
Any property that is given to either spouse as a gift from a third party (not the other spouse) during the marriage, as well as any property inherited by either spouse during the marriage, is considered to be non-marital, unless the receiving spouse does something to indicate that he or she wishes for the property to ...
Are Workers Compensation and Personal Injury Claims Considered Marital Property in South Carolina? Yes, if the injury occurred during the marriage it is a marital asset just like a house or car that was purchased during the marriage.
By accepting the settlement money, you promise not to pursue further claims against the insurance company or defendant. The release still applies even if you later learn that your claim was worth more, if your injury was worse than you expected or you accumulate additional damages.
In Canada, personal injury settlements are subject to division during divorce. This means that the settlement received due to a personal injury claim is divided between the spouses as part of the property division process.
In South Carolina, personal injury settlements are mostly tax-free. Most of your injury settlement is tax-free. However, there are exceptions. If your settlement includes punitive damages, you must pay taxes on that portion.
Spouses in South Carolina have a right to all marital property. Marital property is all the real and personal property acquired by the parties during the marriage and owned at the date of filing for divorce.