QUESTION
If my wife and I are separated and she gets a lawsuit settlement, am I entitled to any of it?
Asked on Mar 11th, 2014 on Personal Injury - Michigan
More details to this question:
My wife and I are still married but have been separated for about two years. Not a legal separation. She may be acquiring money from a lawsuit against a hospital for malpractice. My question is, am I entitled to any portion of that money?
13 ANSWERS
Ronald A. Steinberg
Why would you be entitled? Did the malpractice cause you to separate? If not, then absolutely no.
Answered on Mar 27th, 2014 at 6:19 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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No, you are not entitled to any part of the settlement. Personal injury awards are not considered part of the marital property unless the person who receives the money commingles them with the marital funds or otherwise indicates her/his intention to share the award with the spouse.
Answered on Mar 13th, 2014 at 7:13 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Depends on the nature of the claim. If you did have a cause of action for loss of consortium, then you recover. If not, your spouse keeps her share.
Answered on Mar 12th, 2014 at 1:34 PM
If you live in Nevada or another community state, in all likelihood you are entitled to 50% of the proceeds. If you have a separate property agreement, things could be different. I recently handle a case for a couple under similar circumstances. The injury to the wife occurred while they were married, and through their lawyers they agreed that each spouse would get 50%. They divorced prior to the money being paid, but we were able to get the husband his 50%.
Answered on Mar 12th, 2014 at 10:05 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No, although some carriers will put husband and wife on a draft , and if you have an equitable division issue this might possibly play into it.see a good lawyer and get his opinion. Is it worth fighting about or just peanuts and hard feelings/payback time?
Answered on Mar 12th, 2014 at 8:25 AM
Thomas Edward Gates
You are not entitled to any of the settlement. It is considered personal property, since she was the one injured.
Answered on Mar 11th, 2014 at 7:44 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Maybe, your entitlement to any money depends on your pre-accident relationship with your wife being harmed by the malpractice. Ask your attorney. If there is a conflict of interest between you and your wife in regards to the funds, you will want to hire your own attorney as the current attorney will only be able to represent 1 of you when your interests are no longer aligned. If any divorce attorneys are involved, they will want to see if something can be worked out regarding the proceeds of the malpractice suit.
Answered on Mar 11th, 2014 at 7:44 PM
James Eugene Hasser
In Alabama, it is possible that you may have a claim for loss of consortium. Her lawyer will not be able to represent you on that because of a possible conflict of interest, which can be waived. You probably should consult an experienced personal injury lawyer familiar with loss of consortium claims.
Answered on Mar 11th, 2014 at 7:42 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Only that portion that would be for loss of consortium. If you did not make a claim for that, then you are not entitled to any of it. It is her sole and separate claim.
Answered on Mar 11th, 2014 at 7:40 PM
No, recovery for a bodily injury claim is personal, non-community property, except to the extent it covers lost wages.
Answered on Mar 11th, 2014 at 7:40 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No. Money from a lawsuit is "separate property". However, if you were together at the time of the malpractice and if you were named as one of the Plaintiffs, then you have a "derrivative" cause of action for your loss of consortium, spousal services and society and companionship. Depending on more facts, it might be possible to claim that the breakup of the marriage itself was due to the malpractice.
Answered on Mar 11th, 2014 at 10:56 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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It is my belief that would be considered a marital asset if the accident occurred during the course of your marriage......did the attorney who represented her ever explain to you that you had a potential claim for loss of consortium if the accident happened while you were married?
Answered on Mar 11th, 2014 at 10:55 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Could be, depending on what the settlement was for. lost wages, additional medical expenses, pain and suffering. Consult with an attorney with the details.
Answered on Mar 11th, 2014 at 10:49 AM