"No party argues that the agreement is not a valid contract," stated Justice William G. Montgomery, in his written opinion for the court. "But the contract is between husband and wife as a couple and the settling defendants in a personal injury lawsuit. Nowhere does the agreement state that husband and wife have agreed to distribute their property between each other in a particular way."
August 24, 2023 at 01:06 PM
6 minute read
The Arizona Supreme Court weighed what happens to personal injury settlement proceeds when a party divorces, and held that a couple’s multimillion-dollar settlement agreement with a pacemaker manufacturer did not amount to a post-nuptial agreement and that the bulk of the money, roughly $4.2 million, should be considered community property.
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