If my wife was in an accident and got a settlement, am I entitled to half?

UPDATED: Jan 30, 2014

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If my wife was in an accident and got a settlement, am I entitled to half?

We live in a community property state.

Asked on January 30, 2014 under Family Law, California


Jason Ostendorf / Law Ofice of Jason Ostendorf

Answered 8 years ago | Contributor

Whether you have an interest in the settlement depends on the state you are in, and on whether and how the agreement designates the funds.  For example, if the agreement specifically states that the financial settlement is for pain and suffering, then you might not have an interest in the funds.  Especially if the accident was work-related, or if there are other work-related issues such as retirement accounts or pension funds, then you should consult with a high asset divorce lawyer.

John Smitten / Carey and Leisure

Answered 9 years ago | Contributor

I am a FL lawyer, so in FL you are not entitled to the money she gets for pain and suffering, medical care past and future,  you may be entitled to half of the lost wages past and future.  You will not get half it was her injuries not yours.

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