I am in the divorce process and my wife is receiving a settlement for 700k. Am I entitled to half?

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I am in the divorce process and my wife is receiving a settlement for 700k. Am I entitled to half?

Wife sued former employer for firing
her shortly after returning from a
FMLA. They settled and she is receiving
money next month. We just began trial
and go back to court May 19, 2017.
Neither of us has an attorney. The most
up to date info I have says she will be
awarded approximately 700k.

Asked on May 14, 2017 under Family Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your rights remain the same as if you were in a stable marriage unless there is a legal separation agreement in effect to the contrary. If the settlement is to compensate for injuries, pain and suffering, loss of enjoyment, or medical bills that had no impac on the "marital estate", the settlement is deemed separate property and should be fully awarded to the injured spouse. That having been said, in some states, courts have held that a personal injury settlement is marital property in the following situations: if there was a commingling assets by accepting the entire settlement in 1 check that is made payable to both parties; compensation for lost wages; and medical bills that have an impact on the marital estate.  At this point, you should consult directly with a local personal injury attorney. After revieweing the details of the case they can best advise you further.


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