Legal Question in Personal Injury in New Jersey

Spouse awarded Personal Injury Settlement while married but seperated

husband & I currently separated - he abandoned marriage & all marital obligations when our house burnt down. My daughter & I were homeless living in motel until I found apt. He ran home to his mother and still lives there ''scott free.'' He had car accident & sustained injuries. Case close to settling, per conversation w/him. Am I entitled to a portion of settlement? We were together at time of accident. He was on MY insurance policy at time claim was submitted. Our sex life somewhat effected due to accident. His close friend & attorney not aware of our marital status -purposes of settlement? This attorney handled two prior divorces...Suddenly he is throwing around cash, brags of a new Harley motorcycle he intends to buy, bought new truck. He recently claimed - needed part time job plus full time he has to make ''ends meet.'' Our 11 yr old b-day was yesterday. He spent over $1,000. on lavish, age inappropriate gifts. He never spent this kind of money on her. I believe he may have the $. What recourse do I have? In addition - he caused me to get fired from ptime job month ago (+ I work full time) due to his mental issues - can that bolster my case financially? Sound advice needed - Thank you.


Asked on 10/10/07, 9:30 pm

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Spouse awarded Personal Injury Settlement while married but seperated

I think you are saying that you have no attorney. You have a child, you have a divorce in your near future, and he is acting in a truly amazingly bad fashion. Get a lawyer!!!

Two answers to your question, and I can only answer in very general terms:

first, if there is money in his pocket, he is much more likely to be able to pay child support, alimony, pay off joint debts.

second, are you able to reach his settlement for 'equitable distribution'? I will have to look this up, which I can not do right now. Give me a call in a day or two, and I will try to get this bit of reseach done.

Please, get a lawyer! even if you can NOT afford one, get one!

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Answered on 10/10/07, 9:52 pm


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