If my husband is in a lawsuit, amI entitled to any of the settlement?

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If my husband is in a lawsuit, amI entitled to any of the settlement?

My husband and I separated; he threw me out of our house . We have been married about 3 years; together about 6 years. After being out of our house he couldn’t pay rent so he moved into an apartment. I wanted the marriage to work so I kept checking on him and even moved him. After this he hurt his foot. He was in the hospital and I took care of him while he was there. When he got out I took care of him at home (his apartment). It had a loose railing and he fell down a second story and got hurt. I was once again at the hospital and then moved in to take care of him.

Asked on August 3, 2010 under Family Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The money a person recovers in a personal injury lawsuit, whether by trial or by settlement, is usually his or her separate property, when it comes to divorce, and the spouse has no direct claim on the money as long as it has been kept separate and apart from marital funds (such as a joint checking or investment account).  Sometimes, a portion of the recovery can be identified as compensation for lost wages, and that much can sometimes be community property, if the wages were lost during the marriage.

To what extent the court will take into consideration all the care you provided him I don't know; I think a good lawyer might be able to help with that.  But you probably have no real "share" in the settlement.


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