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Most physical injury settlements are not considered income in Louisiana or on the federal tax level. Non-physical injuries, such as emotional distress, could be considered a taxable form of personal injury.
Louisiana is one of a handful of community property states. This means in a divorce a Louisiana court will attempt to divide property and debts as equally as possible, rather than using equitable distribution rules.
Louisianas community property laws assert that all debts and assets acquired during a couples marriage belong equally to both spouses. A judge dividing community property must make sure that each spouse receives property of equal net value.
Louisiana divides marital assets under community property law, which means that property and assets acquired during a marriage are jointly owned by both spouses, regardless of who purchased it or whose name is on the title. In most cases, community property will be divided 50/50 between the spouses.
What assets am I entitled to in a divorce in Louisiana? Generally speaking you are entitled to half of everything obtained or acquired during the existence of your marriage (except of course if a prenuptial exists stating otherwise).
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Separate property includes: Any property which either spouse acquired before marriage. Any property which one spouse acquires as a donation or inheritance. Property which one spouse deems to have acquired using separate funds.
In Louisiana, any assets that you will acquire during the subsistence of marriage is considered community property unless otherwise classified as separate property. Under this system, both spouses are entitled to equal share(50-50) of the interest in all assets acquired during marriage.
Community property means that spouses generally have equal shares in their owned property and assets. In Louisiana, there is a presumption that property owned by a married person is classified as community property. There are some exceptions to this general rule.
Separate property is property belongs exclusively to one of two spouses. Under Louisiana law, assets acquired by a deceased person while unmarried, or acquired during the marriage by gift, is considered to be separate property.
For instance, although Louisiana is a community property state not all funds received from a personal injury settlement from an incident such as a car accident or slip and fall case will be classified as such.

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