Mass tort litigation and divorce

Asked about 5 years ago - Portland, OR

My wife has a pending lawsuit against a drug manufacturer and is filing for divorce due to our relationship breaking apart. Am I entitled to any of the monies she might be awarded?

Attorney answers (2)

  1. Vincent J Bernabei

    Contributor Level 8

    Answered . The answer depends on the type of award your wife receives. Compensation for income lost during the marriage, past medical expenses that were paid during the marriage, and other out of pocket losses or expenses incurred during the marriage should be divided equally. Typically, any compensation your wife receives for pain and suffering won't be automatically divided equally. Depending on the overall value of your marital estate and many other factors specific to your case, you may be entitled to share in your wife's award.
    These are my general comments only. You should consult with an attorney to obtain legal advice you can rely on.

  2. Guy Scott DiMartino

    Contributor Level 13

    Answered . I am not licensed in OR so the information is being provided for educational purposes. I do not know if your wife's claim is part of a class action or if she has an attorney. In most jurisdictions a spouse may be entitled to a loss of consortium/services claim. Many times if the relationship breaks down, the value of the consortium/loss of services claim is lost.

    You should consult with a local attorney regarding your rights in this matter.

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