If my ex-wife received a large settlement from a hospital and we were married at the time of the incident, am I entitled to any of the settlement proceeds?

Asked on September 19, 2012 under Family Law, Maryland


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless your presumed written settlement agreement sets forth who is entitled to the settlement proceeds from the presumed personal injury matter of your former spouse saying that you have a share in it, under the laws of all states in this country she is entitled to all of the proceeds. The reason is that such settlement proceeds pertain to a personal injury to her and not you. You could have brought a loss of consortium cause of action for your own loss due to her injuries.

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