IS YOUR SPOUSE ENTITLED TO $$ FROM LAWSUITS/SETTLEMENTS?

Asked over 1 year ago - Jacksonville, FL

Would a spouse be entitled to or made privy of settlement money, more specifically money from a car accident settlement? Even if you're separated?

Attorney answers (7)

  1. Jason D. Holbrook

    Pro

    Contributor Level 12

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    Answered . The answer depends upon a couple of things, but generally, if they're not named as a party to the lawsuit, then no. Since you are discussing a settlement, I am assuming you have a lwyer. Talk to your lawyer and pose any questions you have regarding the settlement to your lawyer.

    If you don't have alawyer - you should get one before you agree to any settlement, as you will almost certainly increase your net recovery if you are represented.

    Until you retain this firm and we have an attorney client relationship, nothing stated above should ever be... more
  2. Dennis Andrew Chen

    Pro

    Contributor Level 17

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    Answered . If you are separated it should not be a problem. For personal injury claims: Normally, when a married person settles their personal injury claim, the spouse is required to sign the settlement release and their name is included on the settlement check to avoid any future claims for "loss of consortium" by the spouse.

    I provide a free 15 minute telephone consult for security deposit claims and eviction defense. No attorney-client... more
  3. Jeffrey Robert Davis

    Contributor Level 14

    6

    Lawyers agree

    Answered . Did the case settle at the claim stage? Did the insurance company include your spouse on the release or settlement check? Did you sign any paper agreeing to protect or hold the defendant and their insurer harmless from any potential claims from your spouse? These are all questions you should be asking the lawyer who helped you resolve your case.If you were separated before the accident and the case had no emotional or financial impact on your spouse the answer is likely no-except in a divorce situation or bankrupcy

  4. Chris Matthew Limberopoulos

    Pro

    Contributor Level 16

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    Answered . Sounds more like a family law question.
    Can she make a claim? Yes.
    Is your recovery potentially a marital asset? Yes.
    Can it be subject to an equitable distribution? It depends.
    Also, if a portion includes wage loss, it can be included in your ability to pay support.

  5. Jeffrey Mark Adams

    Contributor Level 20

    5

    Lawyers agree

    Answered . Possibly, speak to a local attorney.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

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    Answered . More info is needed. Your divorce lawyer should be consulted, as he/she would know your situation best.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  7. Brian J Esposito

    Contributor Level 9

    Answered . I think we need more facts. And, I hate giving the "Lawyer Answer" of "It Depends," but in this case - it depends... If you do not have an attorney, contact a local one to discuss your questions.

    Questions answered by me on AVVO does not create an attorney-client relationship.

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