We are seperated now. We were married in Oct. '09. I have paid all bills since we have been together with very little or no help from him as my bank statements will prove. I am now 10,000.00 dollars in debt with credit cards. I was debt free when we married
There are not enough facts here. You might be. Seek a consultation from a local divorce attorney.
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It will depend on how the settlement is classified. Generally speaking, recoveries for personal injuries are considered separate property; however, if the settlement includes an amount for lost wages, then that portion is community property that is shared with you. Also, if you were named as a party to the lawsuit as having a loss of consortium claim, then the portion of the settlement allocated to that claim would belong to you. One difficulty that you may face is that most settlements do not allocate a certain amount as being paid for each part of your claim -- instead, one lump sum is paid out as being "for any and all claims." In that case, you may need to engage in mediation to reach an agreement on how the settlement should be allocated, or you could petition the court to make a declaratory judgment regarding how the settlement should be allocated between the various parts of the personal injury claim (such as medical bills, lost wages, and pain and suffering).
An experienced family law attorney will be able to help you sort through these issues and determine what you are entitled to receive. You will likely find it helpful if your divorce attorney also has a good working knowledge of personal injury law.
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