Fredericksburg, VA asked in Car Accidents, Personal Injury and Child Support for Virginia

Q: i have been seperated from my ex for 5 yrs. i was in an auto accident 6 months ago and now she wants my auto settlement?

im not in the arrears in child support and the auto accident has nothing to do with her other than the judge reduced my child support for 2 months due to not working. i live in virginia.

2 Lawyer Answers
Jan F Hoen
Jan F Hoen
Answered
  • Personal Injury Lawyer
  • Hampton, VA
  • Licensed in Virginia

A: Your recovery or settlement proceeds are yours. She has no claim to them.

You may want to consult a family law attorney if you are in divorce proceedings.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Worth talking to your separation/divorce lawyer. Generally no because 1) your property rights start being fixed as of the date of dissolution and 2) she wouldn't have a loss of consortium claim as you weren't living together at the time.

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