insurance claim while still married but seperated

[xav8terx]

What is the name of your state (only U.S. law)? Kansas

Hello, i am a new member here so first i want to say hello and thank you for providing this site.

My question is in regards to an insurance claim my wife had a few weeks ago. We are separated (not legally...a whole other thread ) at the moment and i have filed for divorce since this is what she wants. She was involved in an accident on 11/14 (i was still on her insurance at the time and the car is in both of our names). She received money to pay for lost wages and reimbursement for a rental car while ours was repaired. Am i entitled to half of that money? I would like to use this information to negotiate with if at all possible. Sort of a give and take scenario. We live in Kansas.

Thank you for any help you can give me. My attorney is out of town for a few weeks and of course these questions come up when they are gone.

 

[LdiJ]

What is the name of your state (only U.S. law)? Kansas

Hello, i am a new member here so first i want to say hello and thank you for providing this site.

My question is in regards to an insurance claim my wife had a few weeks ago. We are separated (not legally...a whole other thread ) at the moment and i have filed for divorce since this is what she wants. She was involved in an accident on 11/14 (i was still on her insurance at the time and the car is in both of our names). She received money to pay for lost wages and reimbursement for a rental car while ours was repaired. Am i entitled to half of that money? I would like to use this information to negotiate with if at all possible. Sort of a give and take scenario. We live in Kansas.

Thank you for any help you can give me. My attorney is out of town for a few weeks and of course these questions come up when they are gone.

If you had already filed for divorce prior to the accident, then no, you would not be entitled to any of that money. If you had not filed for divorce prior to that time, then you might be entitled to some of the money for the lost wages (assuming that she did not need it to pay ordinary bills) but you would NOT be entitled to a share of any money that was to cover specific expenses like the rental car.

 

[xav8terx]

If you had already filed for divorce prior to the accident, then no, you would not be entitled to any of that money. If you had not filed for divorce prior to that time, then you might be entitled to some of the money for the lost wages (assuming that she did not need it to pay ordinary bills) but you would NOT be entitled to a share of any money that was to cover specific expenses like the rental car.

I filed a week later so looks like i'm ok on that. And she said that she needed it to do some Christmas shopping but i'm sure she will say it was used for bills.

 

[Ohiogal]

I filed a week later so looks like i'm ok on that. And she said that she needed it to do some Christmas shopping but i'm sure she will say it was used for bills.

Good grief. You don't automatically get half of everything. Here is the thing -- it was lost wages. How much money was there/ Christmas shopping is allowable unless she bought a trip to France or something outrageous.

 

[xav8terx]

Good grief. You don't automatically get half of everything. Here is the thing -- it was lost wages. How much money was there/ Christmas shopping is allowable unless she bought a trip to France or something outrageous.

Hmm, but she gets half of my stuff??? OK.

Christmas no longer becomes a priority (IMHO) when she has been shopping several times since the separation, and by separation i mean filing a false DV charge.


She stopped paying our bills several months ago (and didn’t at least let me know), took out payday loans that i wasn’t aware of, borrowed money from her mother who lives on a fixed income (she claimed it was to pay bills but nothing was being paid and this is what she was supposed to be taking care of), my money went directly into the bank, hers didn’t, i will get half of the debt she created....yeah i am expecting half to at least negotiate the debt she created.

I hate to sound bitter about all this but....

 

[mistoffolees]

Hmm, but she gets half of my stuff??? OK.

You're confused.

She gets half of MARITAL PROPERTY which was in existence at the time of the divorce. Not YOUR stuff.

She does not get your income from after the divorce filing, nor do you get hers. The insurance payment was to replace lost wages so you don't get it any more than she gets your income.

There is, of course, the issue of temporary or long term support, but that is not half of your income, either. It is assigned to the lower income spouse to help with the transition to single status.