Legal Question in Personal Injury in Illinois
Check awarded after accident
My husband is receiving a check because he was injured in an accident in May. Is this true? I was told that as his wife I am entitled to half of the money. The person also told me that this is the law in Georgia. Is this also the law in Illinois?
1 Answer from Attorneys
Re: Check awarded after accident
Settlement funds from a lawsuit obtained by a married individual become marital assets. This becomes relevant in the context of a divorce. However, if you are not in the process of divorcing, then it's debatable whether you are "entitled" to half the settlement. The check is not going to be issued in your name, and you don't mention being a party to any lawsuit for having a loss of consortium claim. Therefore, you are not automatically entitled to half of your husband's settlement. As stated above, the settlement is deemed a marital asset and it's between you and your husband how you choose to spend it or divide it.
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