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 relationship is created by answering questions in this public forum. If you wish to create an attorney-client relationship, you must contact me directly and sign a representation agreement. Answers are provided based on general ideas and an answer specific to your situation would require a review of all documents.
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.
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 construed as legal advice on which you may rely in your actions. If you would like to discuss further, please contact me.
Jason Holbrook, Esq.
1990 Main Street
Sarasota, FL 34236
(888) 908-7824 toll free
(941) 538-7878 phone
(941) 538-7879 fax
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
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