Q: me and my wife are going to file for divorce and she once half of the settlement that im still going through.
It was A Truck Accident that i was Involved in when i was working and she once half of my workers com settlement to . Is she entired to my money or can i Denied give her anything from my workers com and we were separated but living in the same house before the accident
A:
Since your injury occurred during your marriage -- and any right to sue about it "accrued" at that time -- any proceeds from personal injury settlements and/or worker's compensation payments *would* be considered marital property. That means she can claim part of it. If you two can't agree how to split the money, the issue will be referred to an equitable distribution master or a judge to decide how to divide it.
If you'd like to further discuss your situation offsite, fee free to contact me offsite -- I do practice in Berks County. Best of luck to you.
A: If the injury occurred during the time you were married and not separated, any settlement proceeds can be considered a marital asset. In my experience, settlement proceeds in cases which involve an injury to the one spouse are not divided in the same percentages as the rest of the marital estate. In other words, if your divorce case is one where the other assets might be divided 50/50, your injury proceeds might be divided 50/50 but also might be divided 80/20, for example, with the larger amount going to you. If you don't already have legal representation, please consult with a local family law attorney. They usually know what the local court's tendencies are in these types of matters.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
