If my wife and I are legally married but separated and she filed a wrongful death suit regarding her deceased son, am I entitled to any part of the settlement?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my wife and I are legally married but separated and she filed a wrongful death suit regarding her deceased son, am I entitled to any part of the settlement?

She filed a wrongful death lawsuit for her son who passed away a year ago. I would like to know if I’m entitled to any of the money that she may have received as a result of the lawsuit?

Asked on November 27, 2012 under Family Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your rights to such a settlement remain the same as if you were in a stable marriage, unless there is a legal separation agreement. However, that having been said, the general rule is that if a settlement is to compensate for injuries, pain and suffering, loss of enjoyment or medical bills that do not have any impact on the marital estate, then the settlement is treated as separate property (i.e. fully awarded to the injured person).


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption