Do I have a right to any of my wife’s settlement money?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have a right to any of my wife’s settlement money?

My wife and I are separated but are
still married. I live in Zephyrhills
Florida. Nearly two years ago she had a
car accident and she was not at fault
and is currently in the middle of a
lawsuit which is about to settle. Do I
have a right to any of the settlement
and if I don’t do I at least have a
right to know whether or not she has
settled already because she has
instructed the attorney not to disclose
any information to me.

Asked on January 5, 2018 under Family Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have no right to money from *her* claim for *her* injuries and losses--being married does not give you a right to your spouse's personal injury claim. If you spent joint money or your own personal money on her medical care or to fix her car, you could joined in her lawsuit (or sued separately, though then your two lawsuits would generally have been jointed, or combined, by the courts) for your losses, but the key is, you had to assert a claim in the litigation for your own losses--you are not entitled to her compensation for her losses.
Her attorney works for her: if she has told the attorney to not discuss the matter with you, the attorney may not legally or ethically tell you anything.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption