I am separated from my ex-husband since 4/2017. We do not have any real property, any children together, no bank accounts we own nothing. I am in a medical malpractice lawsuit since 11/2015. Nothing has been settled yet, but will he be entitled to any of the settlement money coming in?
Typically, when parties are married and one spouse is injured, the other spouse may have a claim for what is commonly called a "loss of consortium." That is a rather broad term and encompasses losses the spouse may have had as a result of the injuries of the other spouse, including: loss of companionship, loss of household services provided by the injured spouse; loss of income, both of the injured spouse, and opf the other spouse who may have taken care of the injured spouse, and a host of other claims. Of course, in your instance, those wouldlikely be limited to the time frame from the time of the accident until your separation.
It also depends on how the settlement (if, in fact there is a settlement) or the verdict (if there is a trial) is worded. You should ask your medical malpractice attorney to consult with a qualified family law attorney in your area to best work of this together.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
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