Spouse Rights?

[wonderwoman123]

My husband was in an auto accident a few years ago. We married about a year after the accident. However, I've been the sole provider for our household and have even claimed banruptcy for his business expenses he couldn't keep up with. His case consists of pain & suffering and lost wages (with the majority of loss wages). He says now that we're ready to settle that he is taking 95% of the money and putting it into an account with his name and I'm only entilted to 5%. He said it also too hard to determine what % of the case in pain and suffering and what % is lose wages, so his lawyer said as a spouse I'm only entitled to 5%. What are my right as a spouse?

[Eagle]

New Jersey is an "equitable property" state. This means that all marital property acquired during the marriage should be divided equally (or fairly). However, there are exceptions to this rule. A personal injury award to one spouse generally is considered all or mostly separate property of that spouse.