If my wife and I have been married 9 years and she is pending a lawsuit settlement, will I be able to share her money if divorced before the money is distributed to her?

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If my wife and I have been married 9 years and she is pending a lawsuit settlement, will I be able to share her money if divorced before the money is distributed to her?

Asked on January 11, 2016 under Family Law, Maryland

Answers:

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

Answered 8 years ago | Contributor

Until you are divorced or there is a legal separation in effect your rights to a personal injury settlement remain the same as if you were in a stable marriage. In that regard, most state laws hold that if the settlement is to compensate for injuries, pain and suffering, loss of enjoyment or medical expenses that do not have any impact on the marital estate, then it is considered to be separate property and therefore fully awarded in a divorce to the injured spouse. 
That having been said, some state courts have held that such a settlement is marital property under certain circumstances:

If there is a commingling of assets by accepting the entire settlement in one check that is made payable to both parties;
If it is compensation for lost wages; and/or
If it is for medical bills that have an impact on the marital estate. 

Additionally, when there is a lower settlement amount than what would have otherwise occurred because policy limits were low or the responsible party lacks funds, a court may allocate a portion of the settlement to lost wages, even if the settlement indicates that it is for personal injury only.
At this point you need to consult directly with a divorce attorney in your area as to the specidics of your case.


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 AttorneyPages.com 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.

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