Auto Accident During Divorce

[GH0ST]

I had a auto Accident while in the middle of my divorce. I didn't hire a lawyer to start a settlement until after the divorce was finalized. My wife was going to sign a paper saying she wouldn't try to take money from the settlement. She moved out a year before the we started the divorces papers and she also gave up the rights to the children and is already refusing to pay child support (didn't support kids before divorce). She has also started to say she won't sign the paper "in case" I died so she can come in and take the kids and money but she also kept putting emphasis on me dying as a reason to not sign. My main question is she able to touch the money at all?

I had a auto Accident while in the middle of my divorce. I didn't hire a lawyer to start a settlement until after the divorce was finalized. My wife was going to sign a paper saying she wouldn't try to take money from the settlement. She moved out a year before the we started the divorces papers and she also gave up the rights to the children and is already refusing to pay child support (didn't support kids before divorce). She has also started to say she won't sign the paper "in case" I died so she can come in and take the kids and money but she also kept putting emphasis on me dying as a reason to not sign. My main question is she able to touch the money at all or if there is a way to keep her from getting it?

 

[Betty3]

Duplicate thread (post).

 

[army judge]

I had a auto Accident while in the middle of my divorce. I didn't hire a lawyer to start a settlement until after the divorce was finalized. My wife was going to sign a paper saying she wouldn't try to take money from the settlement. She moved out a year before the we started the divorces papers and she also gave up the rights to the children and is already refusing to pay child support (didn't support kids before divorce). She has also started to say she won't sign the paper "in case" I died so she can come in and take the kids and money but she also kept putting emphasis on me dying as a reason to not sign. My main question is she able to touch the money at all?

I had a auto Accident while in the middle of my divorce. I didn't hire a lawyer to start a settlement until after the divorce was finalized. My wife was going to sign a paper saying she wouldn't try to take money from the settlement. She moved out a year before the we started the divorces papers and she also gave up the rights to the children and is already refusing to pay child support (didn't support kids before divorce). She has also started to say she won't sign the paper "in case" I died so she can come in and take the kids and money but she also kept putting emphasis on me dying as a reason to not sign. My main question is she able to touch the money at all or if there is a way to keep her from getting it?

Typically, unless there is a legal separation agreement in effect, your spouse's rights remain the same as if you were in a stable marriage. However, that having been said, the general rule is that if the settlement is to compensate for injuries, pain and suffering, loss of enjoyment, or medical bills that do not have any impact on the marital estate, the settlement is separate property and should be fully awarded to the injured person.

It should be noted that, some state courts have held that a personal injury settlement is marital property in the following situations: commingling assets by accepting the entire settlement in one check made payable to both parties; compensation for lost wages; and medical bills that have an impact on the marital estate. In addition, when there is a lower settlement amount than what would have otherwise occurred due to low policy limits or a lack of funds from the responsible party, there is no abuse of discretion for a court to allocate a portion of the settlement to lost wages even when the settlement indicates that it is for personal injury only.

At this point you need to consult directly with an IL divorce attorney as to your specific situation.



Read more at:  Is my spouse entitled to any part of my personal injury settlement if I filed for divorce prior to the accident?