Can she get money from a lawsuit in the divorce when the lawsuit is ongoing?

Asked about 1 year ago - Chicago, IL

I live in cook county il. I am going through a divorce. My father died on the operating table in 2005. The lawsuit for malpractice/wrongful death was filed in 2006. I was married in 2010. We are now going through a divorce in 2013 and the lawsuit is still ongoing. She is asking for 28% of the lawsuit. Is she entitled?

Attorney answers (3)

  1. Judy A. Goldstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . Your wife can ask for anything she desires. That does not mean she will get it. This is an excellent discussion to have with your lawyer. Is it possible she is asking for 28% because this will be income to you and you have 2 children? Again - This is a discussion to have with your lawyer. You may have anticipated income but that does not mean your wife is entitled to 28% of the gross proceeds from a wrongful death or med mal suit, especially if you were married after the suit was filed.

  2. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . I do not think she will have a good basis to get a portion of the lawsuit unless she thinks she will get a portion of it as child support. Discuss with your lawyer.

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  3. David Alexander Browde

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Probably not. But you should discuss it with a local attorney who is familiar with the rest of your case.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

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