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

Answers:

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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.