Am I entitled to receive anything from her settlement? She's rushing to divorce me now and I don't feel it's right for her to kick me to the curb now that she's about to get her money.
In Colorado, personal injury claim proceeds can certainly become subject to equitable division in a divorce. But the specifics carry a lot of weight too, and the law may be completely different in Illinois. Please call a divorce lawyer as soon as you can. If you can't afford one, you can try the local legal aid office, who will often do family law cases for people of limited means. Best of luck, and sorry to hear about you situation.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
State laws vary significantly, but typically pain and suffering money is hers, but lost wage recovery could be a marital asset depending on your state.
This is not the sort of question you should be asking on an online forum. Go speak in person to a family law attorney to protect yourselfand learn your options in the event your wife files for divorce.
tephen Laurence HoffmanPersonal Injury LawyerChicago, IL ·
Talk to a divorce lawyer about this before you take a yes or no for an answer.
Divorces can exclude spouses from injury settlements, but not always. This would be a bargaining chip your lawyer could use.
There is case law on this. Depends on many factors. Some cases say non-injured spouse gets 1/3 but depends on many factors and it's fact sensitive. You should talk to a lawyer right away.
Jeannie Marie RidingsDivorce / Separation LawyerCrystal Lake, IL ·
Under Illinois law, proceeds from personal injury lawsuits are potentially marital property. Once of the chief questions is when the cause of action accrued -- if before the marriage, then the settlement proceeds are unlikely to be included as marital assets (unless a significant portion of the settlement is for lost wages, and wages that would have accumulated during the marriage. If the cause of action accrued after the marriage, then it is most likely a judge would find the settlement proceeds marital property. As other attorneys answering your question have said, another element the court will look at is whether the settlement is for "pain and suffering" (which is personal). In any case, sounds like she's trying to kick you to the curb before the money rolls in. You need an attorney.
A personal injury cause of action during the marriage is considered marital property in Illinois so it will before the court along with all other marital property to be divided up. However, this does not mean you will get 50% of the settlement proceeds. There are many other factors that will determine how much, if any, of the settlement you are awarded in the divorce.
You should consult with a local divorce attorney to discuss further.
You can in fact be awarded some of her personal injury settlement but to know for sure, you should speak with a divorce attorney in your area. Many attorneys do not charge for initial consultations with prospective clients.
