Can something regarding the distribution of a settlement from a pending medical lawsuit be included in the marital settlement agreement?

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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 9 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.


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