Is My Spouse Entitled to My Personal Injury Settlement?

In Lawsuit by Mandy C.Leave a Comment

When you are getting a claim from the insurance company for your injury, then, in this case, your spouse will also be able to get some amount of the claim. In most of the cases, some couples are getting divorced or already divorced then they ask the question that will their spouse get the benefit of the claim of their personal injury.

Sometimes the answer is no, and in some exceptional cases, the answer is yes. There are many things you need to know before going for a personal claim, such as to know the difference between separate property and the community property.

You will be thinking about how these two things become factors which need to be understood properly. It is important to know about them as if the spouse is getting recovered from the personal injury, and then the case will be treated as an event of the divorce.

  • In general, separate property includes property owned by one of the spouses before the marriage, and you can say that it is a property gifted to one of the spouses through a gift and allows having the benefits of the personal awards.
  • The principle of the community property is that it is owned by both the spouses or you can say that they bought the property at the time of the marriage and all the items in it were also bought during the marriage. Sometimes people think if they have purchased some items in the community property, then that item to be used by both the spouse without any arguments.

We have noticed the basic difference between the community property and the separate property. Now we will discuss what role they play during the divorce.

You will come to know that community property will be divided between the two spouses during divorce. The court will not divide the property into two equal parts as it will divide into a proper and right way.

But in the case of the separate property, each spouse keeps their own property at the time of the divorce. It means that the spouse is not allowed to take the compensation of the personal injury and sometimes it only depends on the case that how much you are injured and maybe your spouse will get the benefit of the claim. If it is a case of the community property, then there may be a chance of sharing the compensation.

Let us discuss that if your spouse will get your personal injury award or not.

It depends on the damaged you have during the accident. There are two types of damages one is the economic damage, and the other is the non-economic damage. The damages may include medical expenses, injuries, lost wages, and a lot of suffering and pain. There are some of the lists of the damages in which your spouse get the personal injury claim, and these damages are considered in the case of the separate property.

  • If you are suffering from pain, and it may also include mental pain.
  • You may feel awkward after you get injuries and sometimes feeling lost.
  • When you lost your spouse love, or you take a divorce from your spouse and not to feel comfortable.

There is a list of the damages that occurred to you, and still, your spouse can take the benefit of the claim and if it is the case of the community property.

  • Damage to the property shared by both of the spouses.
  • If you lose all the earning capacity during the time of the marriage.
  • Workers compensation and disability are also included in the case of community property.

These all are the basic reasons for sharing your compensation with your spouse after the divorce or during the time of the divorce.

Let us discuss some of the important tips which will help you to not to share your compensation with your spouse.

  • Take advice from a professional lawyer

It is one of the best to stop your spouse from taking benefit from your compensation. You need to inform the lawyer everything about the divorce case and the matter of the property if it is community or separate. It will help him to do a deep investigation of the case and will help you to solve this problem easily. You need to search for the one who has experience in the matters related to divorce and compensation.

  • Prevention

You already know that prevention is better than cure. You need to make sure that when you request for the settlement of your personal injury from the company to not have the common name of you and your spouse on the documents of the property. There is one more thing to consider that you don’t have the joint account to prevent you from getting in trouble. When you sign for a marriage contract, you need to consider that all the settlements will be for your use and it does not involve in any of the family matter.

  • Try to have the settlements in pay rather have them in a lump sum

Pay is referred to the structured settlement payment, which means that all the part of the personal injury payments will be delivered to you in the proper period. No one can stop these payments from reaching you safely.

The law says that these settlements do not consider with any of the family matters or don’t come under in any family act. Some of the act states that during the marriage, the property is to be shared by both of the spouses.

But the SS payments say that the spouse is not allowed to take advantage of your personal injury after divorce and you need to make sure that you have the separate property. It will help you in getting the proper benefits of the compensation provided by the company.

These all are the key points to be considered, which will help you from not sharing your settlements with your spouse.

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