If I am named as a plantiff on my husband’s personal injury case, will I be entitled to my half at settlement even if we are currently separated?

Asked on August 7, 2013 under Personal Injury, New Jersey


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

Generally when a spouse is named on another spouse's personal injury claim the spouse's claim is one for loss of consortium, which is generally a rather small claim compared to the injured party's claim.  If you and your husband separated for reasons other than the accident, that limits your loss of consortium claim even further.  If a good deal of time elapsed between the accident and the separation, you may still have a claim for loss of consortium for that time period, but it will be a tough argument to make.  You are not entitled to half of your husband's s settlement except to the extent that you are still married and community property law applies.

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