Q&A: Am I entitled to 50% of a injury settlement in a divorce?
28 February 2011
4 Responses
Question by shortnsweet: I live in Indiana and was served with divorce papers today. My husband was just awarded a huge settlement from a work injury and now he wants a divorce. He says Im not entitled to a penny. Am I entiltled to 50%.? Does anyone know the Indiana laws on this?
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no
Were you injured? Does it feel morally right to you to get 50% of this man’s money? Search your heart….this is not about the law, this is about what is morally right. If your post is any reflection of how you think, it is no wonder you were served with divorce papers.
Its possible that a good lawyer could argue that your husband has to prove that all of the proceeds are his. In other words if, during the time he was injured, you paid his bills, paid for his medicals or paid for his insurance; then its possible to make an argument that you have an interest in the settlement.
The other issue here is whether or not Indiana segregates personal injury compensation such that it solely belongs to the injured spouse.
Finally and more importantly, his settlement will affect other areas of property division. For instance if you were a stay at home mom, then this will be taken into account when it comes down to lump sum divisions of assets and his ability to pay alimony to you, as well as child support.
Just because he gets to keep it all, does not mean he gets that and half.
It all depends on the law, the lawyer, the judge and the appellate process.
Generally unless there is a prenuptial agreement, ALL assets obtained during marriage are joint assets. So you could get a lawyer and be awarded half his shit most likely.
I don’t blame you, I’d want in on that pie too. That’s really odd timing as well. Stick it to that sleazebag
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