If my wife and I are legally married but separated and she filed a wrongful death suit regarding her deceased son, am I entitled to any part of the settlement?

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If my wife and I are legally married but separated and she filed a wrongful death suit regarding her deceased son, am I entitled to any part of the settlement?

She filed a wrongful death lawsuit for her son who passed away a year ago. I would like to know if I’m entitled to any of the money that she may have received as a result of the lawsuit?

Asked on November 27, 2012 under Family Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your rights to such a settlement remain the same as if you were in a stable marriage, unless there is a legal separation agreement. However, that having been said, the general rule is that if a settlement is to compensate for injuries, pain and suffering, loss of enjoyment or medical bills that do not have any impact on the marital estate, then the settlement is treated as separate property (i.e. fully awarded to the injured person).


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