Accident Lawsuit Settlement

Yep!! she was married to you at that time, she was your support when you couldn’t support yourself, you should be glad to give her a portion of that.

Dear NotsureinNC,

If the money you received was for repayment of medical expenses, or loss of earning capacity during the marriage, the money is marital property.

If you received any money for loss of consortium that money would be your Wife’s separate property.

Money you received to represent earnings you would receive after the date of separation are your separation property.

Money you received as compensation for pain and suffering and to compensate you for your disability is not marital property and you would not have to split it.

It will not be easy to divide up all these catagories and I recommend you consult with an experienced family law attorney.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I received a large cash settlement this year from an accident that occured 10 years ago that left me with physical disabilities. My wife and I are talking about separating and my question is, is she entitled to 1/2 of the lawsuit settlement amount?