QUESTION
Is my now ex-wife entitled to any proceeds from an accident claim that occurred during our marriage?
Asked on Aug 11th, 2013 on Personal Injury - California
More details to this question:
I was involved in an accident during our marriage over 2 years ago and the claim has still not been settled. We have been divorced for almost a year. She was not in the car during the accident.
14 ANSWERS
Ronald A. Steinberg
If the injuries that you suffered in the accident were a cause of the divorce, she probably could get something, but otherwise, I doubt she is entitled to anything.
Answered on Oct 14th, 2013 at 3:37 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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All yours and none of hers.
Answered on Aug 14th, 2013 at 2:03 PM
You need to analyze divorce law and the decree. The decree should have addressed how to split this asset. If not, it is probably a community asset to which she is entitled to 50%.
Answered on Aug 14th, 2013 at 2:02 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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If she is already your ex-wife and the proceeds from that case was not addressed in your Settlement Agreement or divorce decree then I think you can keep all your money. Check your divorce papers to make sure.
Answered on Aug 14th, 2013 at 2:02 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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She has a loss of consortium claim that vested with her when the accident happened. If the two of you have since divorced, she still has the claim but it has become virtually worthless.
Answered on Aug 14th, 2013 at 11:12 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Is she a named Plaintiff in the litigation? If so, she has an interest in the case. If no litigation has been filed yet, she still has a theoretical claim, but same is usually known about by the divorce lawyers and dealt with by the terms of the Judgment of Divorce. If in the JOD, you will find your answer there. In any event, the claim, if it exists, is for "consortium" which would be the diminution, if any, in your marital relationship attributed to injuries to you in the crash. That is subject to your, her and any professional testimony on that issue. What are the facts in that regard? Her claim is only as good as those facts.
Answered on Aug 13th, 2013 at 11:48 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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In S.C. a personal injury claim that arose during the marriage is marital property and subject to equitable distribution by the court. However, since you are already divorced and the court has already divided your property, it may be too late for her to raise the issue. I cannot say that she is entitled to some portion of the settlement, but it may be possible for her to have the Family Court award to her an equitable portion.
Answered on Aug 13th, 2013 at 10:32 PM
4 Awards
In theory, if there was a claim for loss of consortium, she would be entitled, or if the prospective accident proceeds were included in the property settlement or order.
Answered on Aug 13th, 2013 at 10:22 PM
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It will depend on how the settlement is structured or the court award is made if the case goes to trial. For example if part of a settlement is for lost wages during a period of marriage then your ex wife is entitled to her community property (50% share). If the amount is unallocated and just a general settlement, your ex wife will have a more difficult time recovering a part of the settlement proceeds as it is not clear what the proceeds are for.
Answered on Aug 13th, 2013 at 9:52 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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Talk w your divorce attorney. My feeling is she gets nothing.
Answered on Aug 13th, 2013 at 9:44 PM
James Eugene Hasser
Maybe. Outside of divorce property division orders or agreements, your wife had a potential loss of consortium claim.
Answered on Aug 13th, 2013 at 5:13 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Generally she would not be entitled to any portion of a judgment or settlement which specifically reimburses you for personal injury. If the reimbursement is for lost wages, she might have a legitimate claim. Does the marital settlement agreement or divorce decree award the proceeds to either one of you?
Answered on Aug 13th, 2013 at 4:59 PM
Thomas Edward Gates
The settlement judgement is personal property and does not need to be shared with your ex-wife.
Answered on Aug 13th, 2013 at 4:46 PM
Personal Injury Attorney serving Mission Viejo, CA
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Law Firm of Rivers J. Morrell III
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Personal injury recoveries belong to the person that was injured, and are not part of community property, and therefore are separate property. She is not entitled to share in the recovery, unless there is a lost wage recovery, or she was also part of the case.
Answered on Aug 13th, 2013 at 4:45 PM