Interesting story about a case in Dallas. In short, a man was wrongfully convicted in a series of sex assaults and spent 24 years in prison before being released after DNA testing. He has received $2 million from the State of Texas plus $11,000 per month. At the time of conviction and for about half his time in prison he was married. His now ex-wife is suing him stating she is entitled to a portion of the funds he received for the period of time he was incarcerated and married to her.

The case law in Texas states that an individual’s recovery for damages for bodily injury are separate property and thus would not be subject to division in a divorce. However, injuries for loss of income can be characterized as community property if the underlying wages being replace are community property. Needless to say, the ex-husband in this matter views this as award for injury to his person and the ex-wife views this as compensation for loss of income.

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