As a divorced woman, am I entitled to any part of the compensation that my ex-husband was awarded for an injury that he received during our marriage?

He has just settled the case.

Asked on June 13, 2014 under Personal Injury, Illinois

Answers:

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

Answered 6 years ago | Contributor

You should call your divorce attorney because really this issue should have been negotiated as part of your settlement of divorce.  It really depends on many factors: are you named as well for loss of services claim (which brings up a whole set of issues)? How was the award phrased?  In some states it is considered separate property but it is my understanding that in Illinois it is considered an asset of the marriage.  Good luck.


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