Family Law -- Frequently Asked Questions:

• Can my spouse get a share of my personal injury proceeds?  
  
  ANSWER: Virginia Code  § 20-107.3 (H):

      In addition to the monetary award made pursuant to subsection D, and upon consideration of the factors set forth in subsection E, the court may direct payment of a percentage of the marital share of any personal injury or workers' compensation recovery of either party, whether such recovery is payable in a lump sum or over a period of time. However, the court shall only direct that payment be made as such recovery is payable, whether by settlement, jury award, court award, or otherwise. “Marital share” means that part of the total personal injury or workers' compensation recovery attributable to lost wages or medical expenses to the extent not covered by health insurance accruing during the marriage and before the last separation of the parties, if at such time or thereafter at least one of the parties intended that the separation be permanent.

   
  

• My wife is transferring the marital home to me. She is concerned that until the marital home is refinanced or sold (to remove her name from the marital mortgage) the mortgage will appear on her credit report and be a problem when she tries to buy a house in the future. 
  
  ANSWER: She is right about this. Property settlement agreements usually contain a deadline for the person keeping the marital home to refinance or list the home for sale. Until sale or refinance, the mortgage loan soaks up a portion of her credit-worthiness in terms of eligibility to handle an additional mortgage obligation.