Q: I am looking at filing for divorce I will be filing in GA or I could in Nv my husband is in the middle is a medical personal injury law suit he was attacked back of may of 2014. If I wait until the lawsuit is over could I be entitled to any of the settlement I’ve been told yes and no and I’m confused about it.  Is a personal injury or medical not sure the difference. But I am trying to find out if I am entitled anything.

A: Much will depend on the law of the state that handles the divorce.  You are pretty vague as to why you think you could file in either Georgia or Nevada, which may (or may not) be true.  For some details on that question, see the materials (especially the “Basics of Jurisdiction” article) posted at https://www.willicklawgroup.com/grounds-and-jurisdiction/.

Presuming there is some legitimate Nevada connection, and under Nevada law only, for background, see the information posted at https://www.willicklawgroup.com/property-rights-and-division/.  Short version:  it depends on what is being awarded — pain and suffering generally belongs to the injured party as separate property, lost wages and property damage to the spouses jointly, and loss of consortium to the spouse of the injured party.  But you do not have to wait for the suit to be concluded to make a claim for a portion of it in the divorce.

As with most things, there are a lot more details.  You should consult with a family law specialist in whatever state you will be in court.

Marshal S. Willick
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