If my husband is getting a settlement from a lawsuit that he filed since we have been married, am I able to get some of this money and at what percentage?

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If my husband is getting a settlement from a lawsuit that he filed since we have been married, am I able to get some of this money and at what percentage?

Asked on February 12, 2016 under Family Law, Georgia

Answers:

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

Answered 5 years ago | Contributor

Until you are divorced (or there is a legal separation), your rights to your husband's personal injury settlement remain the same as if you were in a stable marriage. In such a situation, the majority of state courts hold that if the settlement is to compensate for injuries such as pain and suffering, then it is considered to be separate property (and in a divorce would be awarded to the injured spouse). That having been said, some state courts have found that such a settlement is marital property if there is a commingling of assets by accepting the entire settlement in 1 check that is made payable to both parties, if it is compensation for lost wages and/or if it is for medical bills that have an impact on the marital estate. Additionally, if there is a lower settlement due to low policy limits or due to the responsible party lacking funds, a judge may allocate a portion of the settlement to lost wages, even if the settlement states that it is for personal injury.
At this point you need to consult directly with an attorney in your area. After hearing the details of your case, they can best advise you further.


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