Divorce involving Personnel Injury Monies

[guitarjeff]

I have been married for 16 years and may be planning for a divorce. In CA I understand that everything is split 50/50. My wife was involved in an auto accident 3 years ago and was awarded a personnel injury settlement. We put the money in the bank and the account is in both our names. Over the past few years we have purchased things, paid off bills, cars, put money down on our house and put most of the money in CDs. I have talked with a Divorce Attorney and he said in a divorce the courts will most likely award her with all the money since she was involved in the accident. Is this true? Looking for 2nd opinion on this.

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

 

[LdiJ]

I have been married for 16 years and may be planning for a divorce. In CA I understand that everything is split 50/50. My wife was involved in an auto accident 3 years ago and was awarded a personnel injury settlement. We put the money in the bank and the account is in both our names. Over the past few years we have purchased things, paid off bills, cars, put money down on our house and put most of the money in CDs. I have talked with a Divorce Attorney and he said in a divorce the courts will most likely award her with all the money since she was involved in the accident. Is this true? Looking for 2nd opinion on this.

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

I agree with your attorney. Generally settlement monies for personal injuries are designed to take care of the future needs of the person who was in the accident. Therefore normally they do not get split. Now, if any of the money was for your loss of consortium, that might tweak things a bit.

Although it does appear that the community has already benefited pretty generously from the money.

 

[mistoffolees]

I have been married for 16 years and may be planning for a divorce. In CA I understand that everything is split 50/50. My wife was involved in an auto accident 3 years ago and was awarded a personnel injury settlement. We put the money in the bank and the account is in both our names. Over the past few years we have purchased things, paid off bills, cars, put money down on our house and put most of the money in CDs. I have talked with a Divorce Attorney and he said in a divorce the courts will most likely award her with all the money since she was involved in the accident. Is this true? Looking for 2nd opinion on this.

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

You're going to have to say exactly what the money was for.

If it was for property damage or past expenses, then it's community.

If it was for loss of future earnings, it's separate. (Technically, one MIGHT argue that loss of future earnings money should be prorated and the amount paid for the years before the divorce should be community, but that might be a difficult argument).

If it's for pain and suffering, it's probably separate.

If it's for loss of consortium, it's community.

 

[guitarjeff]

Thanks for your replies. My wife does not work. The money is for pain and suffering. I also suffered too, I had to work and take care of kids while see was in the hospital for 2 months, endured alot of stress. The attorney said I also had a claim but the money was awarded to both of us as a whole.

 

[mistoffolees]

Thanks for your replies. My wife does not work. The money is for pain and suffering. I also suffered too, I had to work and take care of kids while see was in the hospital for 2 months, endured alot of stress. The attorney said I also had a claim but the money was awarded to both of us as a whole.

What you COULD HAVE claimed is irrelevant. What matters is what the settlement says. If the papers say it is for HER pain and suffering, then it's probably separate. If some of it is in your name for YOUR pain and suffering, then you would have a claim on the portion that was specified for your benefit, but that's not as likely. (Who was the check made out to?)

Working and taking care of the kids is an inconvenience, not suffering. Millions of people do it every day. If her policy had a provision that the insurance company would pay for child care, you should have asked for compensation under that clause. If it didn't have such a clause (and most policies won't), then it's not covered and you're not entitled to receive anything for that.