Can he get half my insurance settlement?

[bonbon2]

What is the name of your state? CA

I'm getting an insurance settlement from the insurance company of the driver who hit me in an auto related accident. This accident happened after my spouse and I separated even though we weren't legally separated. We did not live together and were not together at the time of occurrance. I will be getting a check sometime next year after the divorce has been finalized. would my spouse me entitled to half of the check I recieve for my injuries?
Thanks in advance

 

[Ohiogal]

What is the name of your state? CA

I'm getting an insurance settlement from the insurance company of the driver who hit me in an auto related accident. This accident happened after my spouse and I separated even though we weren't legally separated. We did not live together and were not together at the time of occurrance. I will be getting a check sometime next year after the divorce has been finalized. would my spouse me entitled to half of the check I recieve for my injuries?
Thanks in advance

Most likely not half. IF some of the check is to compensate for loss of marital income (recoup loss wages) then he would be entitled to a portion of that amount. And if you were driving a car that was marital property and the amount is to compensate for loss of the vehicle than a portion of that. He cannot claim a portion of anything for your medical injuries or pain and suffering. Your insurer however may be able to take the portion for your medical bills if they covered it.

 

[bonbon2]

thanks ohiogal

the majority of the settlement is for my pain and suffering. I was not at fault and my back was broken as a result of the accident. I was still able to work (office job) but I am in the Marines so this injury has prematurely ended my career in the military.

 

[Ohiogal]

the majority of the settlement is for my pain and suffering. I was not at fault and my back was broken as a result of the accident. I was still able to work (office job) but I am in the Marines so this injury has prematurely ended my career in the military.

Then the portion for pain and suffering spouse is NOT entitled to.