Q: If the lawsuit is considered marital property, then what is the percentage the other person would be awarded?
I understand they get a percentage of back pay!
Like would they be able to get a percentage of pain and suffering ,punitive damages or emotional distress. And if so is there a certain percentage?
A: There is no set percentage. The non-injured spouse is likely to be awarded a portion of the award, but it is typically not a 50-50 thing. The division is up to the judge and is dependent upon the various elements upon which the recovery is based.
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