If I get a divorce is my ex entitled to half of my medical malpractice lawsuit?

UPDATED: May 19, 2011

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If I get a divorce is my ex entitled to half of my medical malpractice lawsuit?

My husband and I are getting ready to go through a divorce. I have a medical malpractice lawsuit that is soon to be settled. Does my ex have any rights to this money?

Asked on May 19, 2011 under Family Law, Missouri


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sorry that you are going through this. You have to check your state law on the matter to know fr sure but here in New York, proceeds from a lawsuit are not considered marital property.  They are considered separate property.  Now, it depends of course if your spouse has what is known as a loss of consortium or loss of services claim in the suit.  If he does - and if his name is listed as a plaintiff along side of your that is a pretty good indication that he does - then he would be entitled to the money paid in settlement of that claim.  If you get divorced, however, prior to the settlement then possibly not. Check with your lawyer to be sure.

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