Legal Question in Family Law in New York

spousal & dependent children's right to money from insurance award

A young woman I work with was left with two children by her husband when he became involved with another woman. The couple have been living apart for over a year but are not divorced or legally separated. Since she bears almost all the expense of raising the children, she has not been able to afford to retain an attorney to represent her for a legal separation or divorce. The husband pays support payments, by court order, for the children, but it is a minimal amount due to his low annual income. The husband was involved in an automobile accident a few months ago and will soon be awarded an insurance settlement. Do his wife and the children from their marriage have any legal claim to a portion of this settlement money that he will receive?


Asked on 7/08/04, 9:22 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: spousal & dependent children's right to money from insurance award

Unless the Spouse named the wife as a complainant in the action, due her allegged "loss of husband services," neither the wife nor children are "directly" entitled to the husband's "settlement" money.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 7/09/04, 10:17 am


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