• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Settlement and Ex-Husband

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

dianalynn9864

Guest
I was in a major car accident in April 98. I severely injured my back and the sciatic nerve is permanently damaged. I have had two surgeries on the back in the interim, an anterior lumbar fusion and a revision lamanectamy. I am going to be receiving a large settlement from this accident. My ex- husband and I were living together at the time of the accident. I left him eleven months after the accident. He also has a lawsuit against the people who hit me. We live in Pennsylvania. I am on permanent disability and Social Security. I will need all this money to support my daughter for the next three years and live off of the rest of my life. My question is will he be entitled to any of the monies I receive? We haven't been together in seventeen months. I filed for divorce in October of '99. He is playing games and hasn't signed. He thinks that if we are still legally married when the case settles he will be entitled to half. My understanding is that anything received by either party after the date I left him, March 12, 1999, is non marital assetts. Who is correct? Thank you for time and assisted with my questions. Any clarification you can give me will be much apprecciated.

Sincerely,
Diana L. Egleston
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by dianalynn9864:
I was in a major car accident in April 98. I severely injured my back and the sciatic nerve is permanently damaged. I have had two surgeries on the back in the interim, an anterior lumbar fusion and a revision lamanectamy. I am going to be receiving a large settlement from this accident. My ex- husband and I were living together at the time of the accident. I left him eleven months after the accident. He also has a lawsuit against the people who hit me. We live in Pennsylvania. I am on permanent disability and Social Security. I will need all this money to support my daughter for the next three years and live off of the rest of my life. My question is will he be entitled to any of the monies I receive? We haven't been together in seventeen months. I filed for divorce in October of '99. He is playing games and hasn't signed. He thinks that if we are still legally married when the case settles he will be entitled to half. My understanding is that anything received by either party after the date I left him, March 12, 1999, is non marital assetts. Who is correct? Thank you for time and assisted with my questions. Any clarification you can give me will be much apprecciated.

Sincerely,
Diana L. Egleston
<HR></BLOCKQUOTE>

My response:

Any property traceable to proceeds received in satisfaction of a judgment or settlement for "personal injury damages" is properly allocable to the injured spouse. Absent an express agreement, the only time proceeds from a personal injury award lose their character as "community estate personal injury damages" is when the proceeds have been so commingled with other community property that the sources cannot be traced.

So, the only exceptions to this rule is:

1. If the money is commingled with funds belonging to both you and husband. So, open and maintain a separate set of accounts SOLEY for the settlement money.

2. Your husband shares settlement money that is in settlement of "loss of earnings" or "earning capacity" for you, only. He gets to keep any settlement money he obtains for his "loss of consortium".

But, the bulk of the money is yours, and yours alone. The same would be true for gifts meant only for you; e.g., Christmas diamond rings, clothes, birthday gifts, etc.; and bequests from a Will. These are all separate monies, and not subject to attack.

Now, aren't you glad you came here and asked?

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 August 26, 2000).]
 
D

dianalynn9864

Guest
Dear IAAL,

You are just making me smile. This is your second response to me today (2 different catagories) that was positive for me. I actually knew both responses, but he has a way of degrading me and telling me that I am wrong. I just needed some positive reinforcement from someone who is non-involved in this mess. Thanks for your information. It is very apprecciated. Have a great weekend!

Diana
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by dianalynn9864:
Dear IAAL,

You are just making me smile. This is your second response to me today (2 different catagories) that was positive for me. I actually knew both responses, but he has a way of degrading me and telling me that I am wrong. I just needed some positive reinforcement from someone who is non-involved in this mess. Thanks for your information. It is very apprecciated. Have a great weekend!

Diana
<HR></BLOCKQUOTE>


My response:

I aim to please.

I can hear the dialogue at the hearing now:

JUDGE: Are you nuts? You can't touch the SSA money, and you can't touch the settlement proceeds.

Next time you come before me, you better be represented by counsel.

I am entering an order in favor of Respondent Wife, and further ordering you to pay Attorney fees and costs.


DIANE: (Turning to her Ex and pointing at him) "Psych!!"

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."

 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top