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ICBC Settlement not Family Asset in Divorce Proceeding


In this Personal Injury Settlement Divorce Claim case(2013 BCSC 1827) The wife  tried to claim half of the husband’s settlement from ICBC as a family asset.
The husband kept his settlement from ICBC separate and did not use it for any family purpose.  He had actually placed the settlement money in a separate bank account and had not used it .
The court agreed with the husband’s submission that the personal injury settlement award money was not used for a family purpose and was therefore not a family asset.
Issue: Should a personal injury settlement be considered a family asset subject to division in a divorce?
Posted by Personal Injury Lawyer Mr. Renn A. Holness
 

Tags: ICBC Settlement, ICBC Settlement amounts, ICBC settlement divorce property division

3 responses to ICBC Settlement not Family Asset in Divorce Proceeding

  • Pamela Boone

    December 11, 2019 7:54am

    I disagree. If only one party was in the accident and If your married then end up proceeding to get a divorce because of the others actions during his or her recovery and other person (not physically in the accident) is the one to take care of all there needs while healing to get back to his or hers daily work and activities wouldn't that be classified as both partners are effected by the accident claim! There for sharing a portion would have meaning! . Just because the other party was not actually in the accident physically the other party is still the one who get emotional and mental abuse. When the party who gets hurt has the other to rely upon to take care of them while he or she is recovering! I believe entitled to a share is well deserved and defined. Wear as both partners have suffered.

  • ICBC Settlement Money and Divorce – Does your Spouse get Half? | Holness Law Group

    May 8, 2015 8:30am

    [...] settlement was considered excluded property and the husband did not have to share with the wife: ICBC Settlement not Family Asset in Divorce Proceeding. Remember, if you have got a family law matter, whether you are the husband or wife with an ICBC [...]

  • nahid rabiee

    January 31, 2015 1:05pm

    No; I do not believe a car accident should be part of a divorce settlement. The party who was in the car accident is the one that suffered and will continue to suffer.

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"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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