Legal Question in Family Law in Minnesota

Re: On insurance awards, Is the other half entitled to half?

My understanding is that he may have a claim to some of it. However, the settlement may be for future income loss or medical expenses for which he would likely have no claim. Your friend should have an attorney in her divorce. She should also discuss this with her personal injury attorney.

Re: On insurance awards, Is the other half entitled to half?

your question is too vague. There is a chance that the spouse cwould be entitled to a portion of teh insurance award depending on what it is designed to compensate the individual for. If it is for a joint asset, just as the asset was marital, so too are the proceeds. If it is for lost wages, it may also be divided. If it is for a personal injury, it is unlikelt to be divided.

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Re: On insurance awards, Is the other half entitled to half?

If this is a personal injury claim, where the award is basically for pain and suffering, the husband has a claim for what they call "loss of consortium." This is an old common law concept which now boils down to loss of services and loss of companionship.

The fact that a divorce is pending seriously reduces any loss of consortium claim the guy may have, unless he is claiming that the divorce is being caused by the injury - in which case the claim may actually be higher.

If your friend is trying to do this without a lawyer, she's nuts. She needs advice about her claim and her divorce - and it's a lot more than we can deal with in this kind of forum.