What should I do if I want to divorce my husband?

Answer: You should file for divorce sooner rather than later if your goal is to minimize his potential claim to your recovery. While generally the proceeds of a personal injury lawsuit are exempt from equitable distribution, there are portions of the recovery that may not be, particularly if you were the primary earner in the marriage as he may have a partial claim towards your lost wages. Additionally, he may be entitled to a separate loss of consortium component. Again, the degree of his entitlement, if any, is highly dependent upon the particular circumstances of your case as well as the date of the accident in relation to the date of the recovery. It is crucial that you consult with an experienced matrimonial attorney to learn what your rights are and how to protect your interests in your divorce litigation.