Legal Question in Personal Injury in Massachusetts
I have been married for ten years,separated for two years. Four years ago last October I was involved in a traffic accident,coursing me severe back injories.I have undergone four back surgeries,more are imminent.My settlement money will be needed for future surgeries.
My wife refuses to divorse me until I recieve my settlement.I settled out of court and my payment in due within several weeks.
Does my wife have a legal right to a portion of my settlement?
Should I have a legal separation?
Is there anything I can do to keep the money with has been settled on for my own use,eg.hospital bills?
I receive disability,medicare ,union retirement, social security and a child benefit which is paid directly to their mother.
We have two childen with live primerally with their mother.
Thankyou for your service and time.
Rich.
2 Answers from Attorneys
Without additional information from you I can tell you that there is no "Legal Separation" in Massachusetts. In order to divide marital assets (which in most cases would include any assets acquired and debts incurred from the date of the marriage until the divorce) and reach a settlement a Complaint for Divorce or a Joint Petition for Divorce would have to be filed with the appropriate County Family and Probate Court.
Your wife would certainly be entitled to ask for a portion of your settlement however with regards to what your wife would actually receive is a different story. I would need much more information from you in order to give you a more accurate response. If you are interested in a free consultation please contact me at 617-523-3200.
Thank you,
I am surprised you have not asked the attorney who is getting you this settlement. The answer is it may or may not be marital property subject to division depending on a number of different factors. You would do well to either obtain advice from your current attorney or to hire another one and pay for his or her time to understand the complete picture and then to give you advice. Relying on free advice from the internet is a very risky endeavor, and the money you save on not hiring a competent lawyer may be the most expensive legal advice you never paid for. Regards, JBS
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
