QUESTION
What am I entitled to for a settlement between separated couples?
Asked on Feb 11th, 2013 on Personal Injury - New Jersey
More details to this question:
My wife was injured in an auto accident 3 years before we separated. The accident as now been settled yet she wants to give me less than 1k and the accident settled for almost 50k. I have not worked much due to my criminal history but have done most of the chores around and outside the house.
12 ANSWERS
Ronald A. Steinberg
Hey, guy. She was the one that got hurt. Apparently your separation had nothing to do with the injuries she suffered. So, you are not entitled to much if anything. Take the $1K and say thank you. You could make a stink and maybe get another few bucks, but to do so, you will create animosity that is just not worth it.
Answered on Feb 21st, 2013 at 11:15 PM
If you are still married, you are entitled to 50%.
Answered on Feb 15th, 2013 at 2:47 PM
Edwin K. Niles
If you were not involved in the accident, it sounds as if your only claim is for loss of consortium. The fact that you are now separated doesn't help that claim. If you can't agree on an amount, perhaps you should look into mediation as a way to resolve the question.
Answered on Feb 15th, 2013 at 2:47 PM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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In California, personal injury settlements (and awards) are considered (a) community property if the cause of action arose during marriage, or (b) separate property if the cause of action arose after permanent separation (or before marriage). (NOTE: The injured spouse must reimburse the community (or the other spouse's separate estate, if used) for any expenses paid on account of the injury.) In your case, (a) applies. However, California law further holds that, at divorce, community property awards and settlements are assigned entirely to the injured spouse, so long as (1) the funds from the award/settlement have not been commingled with other community property funds, and (2) the interests of justice do not require otherwise.
Answered on Feb 15th, 2013 at 2:46 PM
Thomas Edward Gates
Because we are dealing with a personal injury, your wife alone is entitled to the full settlement.
Answered on Feb 15th, 2013 at 2:46 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I dont think you are entitled to anything as far as insurance is concerned. As far as equitable distribution is concerned that may be another matter. you should inquire of a domestic lawyer whether you are entitled to any of her assets or she yours.
Answered on Feb 15th, 2013 at 2:45 PM
Dennis P. Mikko
It is possible that the settlement could be considered her separate property. If never comingled as a marital asset you might not be entitled to any of the settlement. However, if part of the settlement was for loss of consortium, then you would be entitled to that. You should have an attorney review the settlement and all the facts. After such a review the attorney would be able to provide you with more accurate advise.
Answered on Feb 15th, 2013 at 2:45 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Absent extenuating circumstances. I have usually advised my clients that the consortium claim is rarely worth more than 10% of the recovery but that is where both husband and wife have lived together since the date of the accident.
Answered on Feb 15th, 2013 at 2:45 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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First it depends on whether you are asking for a fair division of the settlement between loss of consortium and her injury, or whether you are talking about dividing it as marital property in a divorce. If it is consortium that you are asking about, it depends on how severe her injury is, how it will affect her for the rest of her life, and how it has affected your life and how it will in the future. If you are asking how it should be divided in a divorce, that depends on a number of factors, such as what other marital property is being divided, any non marital property that you or she has, direct and indirect contributions to your acquiring marital property, your earnings capacity vs hers which relates to your relative abilities to acquire property in the future, how much of the settlement relates to your (the two of you) loss during the marriage, and how much relates to her future loss, such as future pain and suffering. There are probably more factors that I have not mentioned. If you have an attorney, you and your attorney should work on figuring it out.
Answered on Feb 15th, 2013 at 2:44 PM
Christian Joseph Menard
Funds received from a settlement due to an accident are considered community property. However, by statute the judge has discretion as to how to divide the proceeds. The injured party is entitled to at least half. The court can, however give her all the money depending on the nature and extent of her injuries.
Answered on Feb 15th, 2013 at 2:43 PM
Elder Law Attorney serving Aventura, FL
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Elder Needs Law, PLLC
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I don't know if an accident settlement becomes a marital asset to be split upon divorce. But as far as the personal-injury accident is concerned, you may be entitled to zero. She was injured, not you. You would need to read the settlement/release agreement. You may have a loss of consortium claim.
Answered on Feb 15th, 2013 at 2:42 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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In NJ, this is a case regarding whether or not you had a Por Quod Claim. Those claims are not really worth much and they are difficult to prove. The fact that you did not work due to criminal history does not come into play. Your claim is purely based in the fact that you were deprived of the loss of consortium, having to do more around the house, etc. Most attorneys use this as a throw away count in the complaint.
Answered on Feb 15th, 2013 at 2:42 PM