QUESTION

Am I entitled to a percentage of my wife's settlement?

Asked on Oct 01st, 2016 on Divorce - Wisconsin
More details to this question:
Several years ago, my wife had an operation that required her to have a mesh sling put under her bladder. The mesh was faulty, and had expired before the doctor installed it in her. She is now in the process of receiving about $168,000 from a malpractice lawsuit. We no longer live together due to her infidelity, but remain married. Am I entitled to any of this money or is there any way that I can oversee the money so she can't spend it on her boyfriend? I believe the money should stay in our immediate family. She has 2 daughters (my stepdaughters) that I love dearly. Since the operation, my wife has went through cancer and several other operations with me and the girls by her side. I'm not looking for a hand out or being greedy. I just want to make sure that the girls are taken care of and she can't pay someone else's bills. If I am entitled to any of the money, I would like to put a large percentage of my cut into a trust fund of some sort for the girls.
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1 ANSWER

The general understanding among lawyers is that damages for a personal injury are the separate property of the spouse who was injured. This would even truer if the spouses no longer have a real marriage. You might consult a skilled personal injury lawyer for more detailed analysis.
Answered on Oct 25th, 2016 at 6:31 PM

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