Does my ex-wife have any legal claim to settlement money if I filed the case while we were married?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does my ex-wife have any legal claim to settlement money if I filed the case while we were married?
I filed an FCRA lawsuit 2 years ago while married. My wife and I got divorced 10 months ago. My lawsuit was settled out of court last month. Does my ex-wife have any legal claim to the settlement funds? The case only involved me and didn’t have anything to do with my ex-wife. She was never involved in the case. Also, the lawsuit is not part of our divorce agreement and is not mentioned in it in anyway.
Asked on August 18, 2011 Oregon
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Generally speaking, and the way that you have phrased the question and the facts that you have presented here, I would say that your wife doesnot have a claim to the settlement if she has not involvement in it what so ever and as long as the effects of what happened that gave rise to the suit in no way adversely effected her as well. The reasoning behind this - besides that it did not involve her - is that it was only an expectation of a settlement (or a hope of one) and not a sum certain at all when you were divorced. You can not split what does not or may not exist. If your wife can move to modify the divorce settlement well that again depends on the facts. Good luck to you.
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.