If my now ex-wife got in an accident while we where married and after the divorce she filed suit and won a large settlement, am I entitled to any of it?

Asked on March 13, 2012 under Personal Injury, Arkansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  This also applies to income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  This also applies to income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

A personal injury award is the separate property of your wife whether the accident occurred during marriage or after the marriage ended.  The settlement is separate property whether it was paid during marriage or after the marriage ended.  Therefore, since the personal injury award is your wife's separate property, you would not have any claim to it.

If you don't live in a community property state, other rules may be applicable.


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