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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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