Could I be entitled to a settlement for an injury that my ex-husband suffered on the job while we were still married?

He was hurt on the job. This was while we were still together. Now after the divorce he has been issued a settlement. Could I be entitled to any of this? I do not receive any alimony or any other benefits from him.

Asked on September 6, 2011 under Family Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I can understand how frustrated you must be. It really matters on the case law with in your state but generally speaking, personal injury settlements are not marital property for distribution in a divorce unless there is a clear intention for the settlement to  become marital funds, like when it is co-mingled in to a joint account.  Here the settlement was not effectuated until after you were divorced, correct? So there was nothing for the court to consider as settled in any event.  Check with your attorney in the matter to be sure.  Maybe you can not request a portion of the settlement but instead re visit the alimony issue. Good luck. 

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