Am i entitled to money from my ex husbands lawsuit?

Er, sorta, maybe. In Cook County you're supposed to file a 13.3.1 & 13.3.2 with your divorce filing (If there's property or children). On the last page it state's "Choses in Action," ie lawsuits. It's an affidavit. He was supposed to list it on his disclosures if he indeed did get mega-money. Generally the statute tolls 2 years after a judgment, but if a court finds fraud, then the tolling starts at the time you knew, or should have known, that you were being defrauded. HOWEVER, a lot of facts and circumstances need to be known before you do the lottery dance. Contact an attorney in your area, bring in your ENTIRE casefile, talk to him/her before filing at the Daley center and booking tickets to DisneyWorld. Best of luck & hope this helps.

It is not when your ex husband received the money from his injury award that determines your entitlement, it is when the incident that caused his injury occurred. If he sustained the injury during your marraige, then it is a marital asset and you would have been entitled to your lawful share. If you can establish fraud on his part for not disclosing this asset, then you can still petition the court for your share. There is no time limit in Illinois if you can prove fraud. You might look into how he got around the fact that your name should have been on the check that he received. If the dram shop insurance carrier believed that he was married, it would have required your signature on both the release and on the check. Other injured people have been known to sign their spouse's name or misrepresent their marital status.

You need to speak with an attorney as soon as possible about this issue. The issue will be whether he disclosed the money during discovery while your case was pending. If he didn't disclose it, you may be able to prove a fraud. An attorney will need to review what discovery requests were issued and pursued and your ex's responses to those requests.