Is my ex entitled to my accident settlement in divorce? - Divorce Law Questions and Answers- LawQA.com

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Is my ex entitled to my accident settlement in divorce?

I was in a car accident 1 year ago and received a settlement. My ex from 2 years ago wants some of it cause we have a son together so she feels that entitles her. She left me over a year before the accident and I have given her money for our son since the day she left. Is she entitled to my accident settlement?

Beresford Booth PLLC
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You are divorced. Your ex will not be entitled to your post-divorce property.

Answer Applies to: Washington
Replied: 8/4/2011

Warner Center Law Offices of Donald F. Conviser
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The Court has the discretion to apportion between the parties the proceeds of a personal injury settlement for an injury that occurred during the marriage, but since the accident occurred after separation, you may well be able to avoid such an apportionment,inasmuch as a party'searnings after separation are separate property.

Answer Applies to: California
Replied: 7/28/2011

Answer By Paul Wallin
Wallin & Klarich: A Law Corporation
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It does not appear under any legal theory that your former spouse will be entitled to any of the money from your settlement of your car accident.

Answer Applies to: California
Replied: 7/27/2011

Law Office of Robert L. Fiedler
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If she was your ex at the time of the accident, you owe her nothing from it.

Answer Applies to: Connecticut
Replied: 7/26/2011

Neville J. Bedford Attorney at Law
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*Personal* injury is called that for a reason..it's personal. As such, your ex girlfriend has no claim to money for your pain and suffering, lost wages, or medical expense. However, if it was her car that was damaged, or if she was in it, or there are child support arrearages due and owing, a court may very well put a lien on some of those funds.

Answer Applies to: Rhode Island
Replied: 7/26/2011

Law Office of Roianne H. Conner
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Unless you are in arrears for child support then no she is not entitled to any portion of the settlement.

Answer Applies to: Alabama
Replied: 7/26/2011

Answer By Jody A. Miller
Law Office Of Jody A. Miller
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I don't believe that your ex would be entitled to any of your accident settlement. I assume you were never married and if that is the case then she would have no claim to your settlement. And if you were married and divorced, she would not be entitled to come back after the divorce and ask for a part of that settlement. You were not clear on your facts so this is the best answer I can give. On caveat: if you were never married, she can file a child support case against you and depending on the settlement, that may or may not be relevant for the purpose of determining court-ordered child support.

Answer Applies to: Georgia
Replied: 7/26/2011

Answer By Thomas Humphrey
Thomas Humphrey, Attorney at Law
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No. Under Idaho law, an accident settlement is the sole and separate property of the accident victim. A spouse may have independent claims, such as loss of consortium but such claims would necessarily have to be litigated or a part of the settlement. From what you told me, you were already divorced at the time of the accident so your ex has no claim to your settlement.

Answer Applies to: Idaho
Replied: 7/26/2011

Answer By Michael Edwards
Michael Edwards, Attorney at Law
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I do not see how your "ex" has a claim to this personal injury settlement under Utah law. It sounds like she thinks you have some money, so she wants some of it. But I don't think you have anything to worry about, from a legal standpoint. Good luck!

Answer Applies to: Utah
Replied: 7/26/2011

Cody and Gonillo, LLP
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If you are already divorced only to the extent it may change your child support obligation but she would have to go to court and ask for it based on a substantial change in your circumstances

Answer Applies to: Connecticut
Replied: 7/26/2011

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