Will I lose my part of a settlement if I file for divorce?

UPDATED: Oct 12, 2011

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Will I lose my part of a settlement if I file for divorce?

My wife was driving a vehicle of my property when she was hit by a reckless driver. There were injuries and material loss and we filed a lawsuit about a year ago.

Asked on October 12, 2011 under Personal Injury, Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are about to file for divorce or have filed for divorce after your wife was in an automobile accident your claim arising out of the incident would be your own separate claim for loss of consortium which would be your own separate property. However given the fact that you may be filing for divorce from your spouse your own claim may not be that substantial unless the automobile accident that your wife was involved in caused the filing of any divorce proceeding.

The personal injuries that your wife sustained in the automobile accident are her own personal injuries and any settlement or resulting judgment arising from the accident would be her own separate property which you would legally have no entitlement to.

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.

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