If 1 year ago my husband was in an automobile accident and we get divorced, am I entitled to any settlement money?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If 1 year ago my husband was in an automobile accident and we get divorced, am I entitled to any settlement money?
On our lawsuit my name is listed as plaintiff along with my husband’s. I have been married for 18 years.
Asked on October 26, 2012 under Family Law, New Jersey
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you live in a community property state, community property is property acquired during marriage. Community property also includes iincome during marriage. Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends. Separate property also includes income before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
A personal injury award is the separate property of the injured spouse whether the injury occurred during marriage or after the marriage ends and whether the settlement is paid during marriage or after the marriage ends. You would not have any claim to the amount of the settlement paid to your husband. Since you were listed as a plaintiff in the lawsuit, if you were injured in the accident, or were not present at the accident, but have a loss of consortium claim, settlement of your claim would be separate from your husband's personal injury claim, and you would receive compensation for your injury or loss of consortium.
With regard to your husband's personal injury award, if you don't live in a community property state, other rules may be applicable.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.