.I was in a bad car accident last year, a drunk driver hit me, I left my residence before the accident he is not entitled to my settlement correct?

You should ask your personal injury lawyer about this.  If you do not have a lawyer, call my office immediately.  If you are injured in an accident, your spouse has his/her own claim for loss of consortium, basically loss of "services" (not just what you're thinking but everything, housecleaning, taking out the garbage, everything).  So if you are injured, and are in the process of getting a divorce, you need to protect your settlement award.