Can something regarding the distribution of a settlement from a pending medical lawsuit be included in the marital settlement agreement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can something regarding the distribution of a settlement from a pending medical lawsuit be included in the marital settlement agreement?
Asked on August 4, 2011 Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It depends on in what manner you mean and who you are in the lawsuit. If you are the plaintiff in the lawsuit and have yet to settle a suit then there are no funds that are there yet for distribution. And in most states the settlement proceeds from a personal injury action are NOT marital property for distribution. Many personal injuries suits do, however, have a loss of services orloss of consortium cause of action for the spouse. However, that will fall when the parties get divorced. If your spouse offers to give you a position of the suit and that is what you want to put in the paperwork how are you going to collect? Go back to court when he or she settles? Or do you want to be reimbursed for caring for him or her? Speak with your lawyer. 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.