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Is a settlemet from an accident community property in the event of a divorce?

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C

Cindy123

Guest
My husband was in an accident almost 1
year ago. It was definately their
fault, he was rear-ended. This week he
and I became separated. Is the
settlement he will get community
property?

The accident caused him to have a grand
mal siezure, and he hasn't been the same
since. He has missed a lot of work, and
I have had to support him a lot in the
past year.

 


C

Cindy123

Guest
By the way I live in Ohio, his lawyer is in Ohio, the accident happened in Kentucky, and yesterday he moved back to Kentucky.
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Cindy123:
By the way I live in Ohio, his lawyer is in Ohio, the accident happened in Kentucky, and yesterday he moved back to Kentucky.<HR></BLOCKQUOTE>

My response:

The money that your husband "may" obtain for his pain and suffering are his, and his alone because they are payment for his "personal injuries" that he "personally" suffered. In addition, personal injury damages are non-taxable. However, any damages he receives for reimbursement for the automobile and his lost wages are subject of community property laws in the event of divorce, because those are items that, but for the accident, you would have benefited from.

Good luck.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited April 20, 2000).]
 
C

Cindy123

Guest
Thank you for your reply IAAL. Do you think I should go to his attorney and explain to Him that this accident may have affected our marriage, and that he has missed a lot more work than he has reported to the lawyer?

And if I am enitled to a portion of his settlement, how do I go about getting it? He may have it spent by the time we go to court over divorce. Divorces take time, and he should be getting his settlemet anytime now. When I go to see an attorney about filing for divorce, can
they put some type of hold on his settlement?
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Cindy123:
Thank you for your reply IAAL. Do you think I should go to his attorney and explain to Him that this accident may have affected our marriage, and that he has missed a lot more work than he has reported to the lawyer?

And if I am enitled to a portion of his settlement, how do I go about getting it? He may have it spent by the time we go to court over divorce. Divorces take time, and he should be getting his settlemet anytime now. When I go to see an attorney about filing for divorce, can
they put some type of hold on his settlement?
<HR></BLOCKQUOTE>


My Response:

If the accident occurred WHILE you were married, you are entitled to join in the lawsuit for your "Loss of Consortium" damages to the marriage - - that is, "but for" the accident and his pain and suffering, your husband would have been able to "perform" (you know), and take out the trash, vacuum the house, or mow the lawn, and all other "partnership" responsibilities that were foisted onto you as a result, and you suffered as a result of his being injured due to the negligence of someone else. If his attorney does not join you in the lawsuit, then that is malpractice. Contact his attorney in the accident case and tell him that you want to be joined as a party Plaintiff for your damages in a cause of action for Loss of Consortium.

You are NOT entitled to his portion of any settlement for General Damages (pain and suffering); but, you are entitled to your portion of his lost wages and vehicle damages. It makes no difference if he spends the money, because if he wins his lawsuit, you would be entitled to a "credit" for such money when it comes time to settle the divorce matter.

Good luck to you.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

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