Legal Question in Family Law in Pennsylvania

Divorce and Tort Lawsuit

I was married 22 years and I am in the process of a divorce..my spouse has a tort lawsuit pending, which started while we were still married and living together, I paid for the retainer and my children and I suffered through this ordeal! My question is am I entitled to any of the compensation she will be awarded? The case has not settled yet, and we are not divorced yet...is that considered post-separation income? Or is it pre-seperation since it started years before we seperated?? Please help Thanks!


Asked on 6/18/08, 12:54 pm

1 Answer from Attorneys
Patrick Narcisi Narcisi Law Offices, P.C.

Re: Divorce and Tort Lawsuit

Any payment your spouse receives from the lawsuit, either in settlement or through a verdict in her favor will be marital property and subject to division in your divorce. It would not be marital property if her cause of action accrued before you were married. Since you have been married for 22 years your spouse was probably injured during your marriage. You should try to obtain an court order requiring the proceeds to be held in escrow. You could also claim reimbursement of your "retainer" as well a compensation for all that you did to help with the suit. You may also have a claim in your own right for loss of consortium.

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Answered on 6/18/08, 4:43 pm


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