Legal Question in Civil Litigation in Oklahoma
Sueing my ex spouse
My father-in-law supported his wife for 23 years. Her back was injured and during the two years of her injury and recovery he supported her completely. She sued the insurance company for bad faith and received $450,000. But the year during her recovery, she had many affairs and then divorced my father in law, so that when she got her settlement, he would not be entitled to any of it. Is he entitled to it and if so, how do we go about proceeding with this matter?
Sherry
1 Answer from Attorneys
Re: Sueing my ex spouse
Thank you for your question. Your post indicates that your father-in-law supported his wife for 23 years, leaving me with the impression that she did not work outside the home and therefore none of the money she recovered likely represented compensation for lost wages. He would likely have an interest in any portion that was lost wages as opposed to pain and suffering, emotional distress or other damages personal to her. Your post left me unclear as to whether the parties are involved in a divorce or that the divorce is over. If it is over I would not believe that it could be reopened to deal with this property division issue. The fact of her having a large amount of cash might also affect issues of alimony,property and debt division if the divorce is still pending.