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Woman seeks portion of ex's wrongful imprisonment compensation

Family law courts in Jefferson County, as well as in other counties throughout the U.S., regularly hear divorce cases and determine equitable distribution of funds, assets, and marital property. While there are cases where a spouse may get portions of assets brought into the marriage by the other party, it is rare to hear of a case where an ex-spouse receives funds that are brought in after the marriage has ended.

That is exactly what has happened in a recent case in Texas. A woman was recently granted a divorce settlement in excess of $150,000 fourteen years after the divorce was initially finalized. According to reports, the woman's husband was wrongly convicted of multiple crimes and spent 24 years in prison. Although the couple divorced after the first 10 years of the husband's sentence, the woman claimed that she should be compensated for wages he would have earned and they would have split during their asset and property division settlement if he had not been imprisoned.

The husband will reportedly appeal the court's decision. He purportedly argues that, under the law that awarded him the settlement, the compensation he was granted was reparation for his wrongful incarceration. He claims it should not be considered as wages he missed out on by being in prison, which was largely the basis for the initial ruling.

If you are involved in a divorce or feel there is reason for a post-divorce modification to your settlement, it may be of benefit to consult with an experienced attorney in your area. Legal representation will not only look out for your interests in court, they will be able to offer you advice based on your specific circumstances, as well as answer any questions that may come up throughout the divorce and property division process.

Source: The Texas Tribune, "Exoneree Faces Ex-Wife in Compensation Lawsuit", Brandi Grissom, June 16, 2013

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Broomfield Office
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