divorce in nevada

my wife and i are getting a divorce. we live in a community property state, she was in an accident
6 months ago and we are about to settle the case
her injuries were not permanent and she is almost
100% better,she did not work at the time and there
was no loss of wages on her part. My question is
do I have any right to any percent of the settlement.
Also there was no loss of sexual relations due to
the accident .please help!!

bama said:

my wife and i are getting a divorce. we live in a community property state, she was in an accident
6 months ago and we are about to settle the case
her injuries were not permanent and she is almost
100% better,she did not work at the time and there
was no loss of wages on her part. My question is
do I have any right to any percent of the settlement.
Also there was no loss of sexual relations due to
the accident .please help!!

Click to expand...

My response:

Sorry. You get nothing. Personal injuries are just that . . . personal.

Money received by one spouse for injuries, gifts, inheritances, and the like, are NEVER divisible in Community Property States. Such monies are always "separate property".

Her attorney should have included you in the lawsuit for your "Loss of Consortium" damages. Then, you might have received some money. But, the attorney apparently failed to do so and has, thus, comitted professional malpractice.

Loss of Consortium is not merely the loss of sexual relations. It is the loss of services (in any aspect) that one spouse would expect and require of the other during the marriage. If she could not do something, anything, as a result of her injuries, then the marriage suffered at the hands of another, as a result.

IAAL

[Edited by I AM ALWAYS LIABLE on 12-07-2000 at 03:48 PM]