Do I Have to Split Insurance Settlement?

UPDATED: Sep 30, 2022

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Do I Have to Split Insurance Settlement?

Hi I have 50/50 custody of my daughter
and her father the other half. My
daughter was with me in a car accident
and I am the only one who brought her
to the emergency room afterwards, one
time. The insurance company is saying
since it is joint custody that I have
to split my daughters settlement with
her father even though this incident
had nothing to do with him. Is there a
way around this? Thank you kindly in

Asked on April 4, 2017 under Family Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First off I am glad that your daughter is fine.  Second, I am a little concerned that you would be trying to "split" anything, snce the funds should be being placed in an account for her benefit. I am assuming what the Insurance Company is doing is writing the check to her legal guardians - which indeed is both of you - and that insuring that neither of you will come back to claim any fraud against them.  What you may want to do is seek legal advice as to how to create an account for her benefit that the check could be depositied in to.  Good luck.

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