# Accident Lawsuit Settlement

**URL:** <https://forum.rosen.com/t/accident-lawsuit-settlement/4018>\
**Category:** Divorce and Separation Answers\
**Created:** [January 10, 2007, 10:08am UTC](https://forum.rosen.com/t/accident-lawsuit-settlement/4018 "2007-01-10T10:08:43Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![FATHERDORIGHT](https://avatars.discourse-cdn.com/v4/letter/f/a8b319/32.png) [@FATHERDORIGHT](https://forum.rosen.com/u/FATHERDORIGHT)\
**Post date:** [January 10, 2007, 10:08am UTC](https://forum.rosen.com/t/accident-lawsuit-settlement/4018/1 "2007-01-10T10:08:43Z")

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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.

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**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\
**Post date:** [January 10, 2007, 12:19pm UTC](https://forum.rosen.com/t/accident-lawsuit-settlement/4018/2 "2007-01-10T12:19:02Z")

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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

> **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)**
>
> The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill.

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.

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**Author:** ![notsureinnc](https://avatars.discourse-cdn.com/v4/letter/n/22d042/32.png) [@notsureinnc](https://forum.rosen.com/u/notsureinnc)\
**Post date:** [January 9, 2007, 3:14pm UTC](https://forum.rosen.com/t/accident-lawsuit-settlement/4018/3 "2007-01-09T15:14:50Z")

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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?

Thanks
