Q: While I was married I was in a car accident.We're divorced now.Is my EX wife entitled to money from the settlement?
I am in the process of getting the settlement money from the accident. Am I legally responsible for sharing that money with her? She was NOT in the car accident. We were married at the time of the accident.
A: Assuming that you did not go to trial on your divorce, there would have been a settlement entered into by the court. It would depend on what that settlement said -- did it say she would get 50% of proceeds or anything else? I'd be surprised if it did or if you owe her any part of it since the divorce settlement should have settled everything moving forward.
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A: She would only have a claim for loss of consortium. Loss of consortium is a claim for damages suffered by the spouse or family member of a person who has been injured or killed as a result of the defendant's negligent or intentional, or otherwise wrongful acts. Your divorce attorney should be able to advise you.
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