My husband and I are now divorced. He was in a vehicle accident in March of 09. We were divorced in July 09. We did not have any legal seperation papers drawn up at the time either although we were not residing in the same household. He initiated a personal injury lawsuit while we were still legally married. He did not disclose this pending lawsuit in any of our seperation or divorce preceedings. He even went as far as to lie about how it happened in the child custody affidavit by saying it was a work related injury so no questions about it would be brought up. Am I entitled to half of this settlement based on the facts that we were still legally married at the time, his failure to disclose any knowledge of it when completing the marital assets worksheet, etc. Also, will it affect child support in any way?
If you two were seperated at the time of his accident, then NO you are not entitled to his settlement. He had an accident and all you think about is money!
I don’t want to sound mean or anything, but wow!
It will not affect child support as personal injury awards are not income.
Proceeds from a personal injury claim may constitute martial property depending on the purpose for which they are received. To the extent that the award replaces lost wages, reimburses medical expenses paid from martial funds, or is meant to cover loss of earning capacity during the marriage it is martial in nature, to the extent it replaces an economic loss occurring after separation, or any amount for loss of use, and pain and suffering it is separate.