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  1. #1
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    Sep 2016
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    Default Is Your Ex-Spouse Entitled to Part of an Injury Settlement

    A New York man was injured in a car accident while he was married, and he started a personal injury lawsuit. While the suit was still pending he and his wife divorced. He has now settled his lawsuit. Is his wife entitled to receive any portion of the personal injury settlement?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Is Your Ex-Spouse Entitled to Part of an Injury Settlement

    This is an issue that should be addressed in the divorce judgment. Normally there will be a provision in a divorce settlement that states that addresses rights to property, beyond the division of assets specifically addressed in the judgment, with a waiver of additional claims. Thus, whether or not it was the wife's intention, if the judgment does not address the injury claim, she may have waived a claim to the proceeds when she agreed to the settlement and order.

    If the parties went to trial, it is possible that the judge's order encompasses the judgment, but there may be a possibility that the order does not clearly or directly address the claim. If it is not clear what the judge's decision provides, it may be necessary to go back to court to have the judge clarify the order.

    One way or the other, the place to start is by reviewing the judgment or order from the divorce case.

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