Personal injury case

[sirknight117]

I am currently in the process of a divorce after being married 4 years. She is asking for half of my pending suit can she get half?

 

[army judge]

In what state do you reside?
Generally, speaking no.
But, consult with the attorney that is representing you in that matter.


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[sirknight117]

I reside in Kentucky .

 

[sirknight117]

I am a army vet but I can't afford a lawyer for my divorce. I tried leagal aid but they said i did not qualify.

 

[irish223]

In what state do you reside?
Generally, speaking no.
But, consult with the attorney that is representing you in that matter.


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Not disagreeing, but confused I suppose. If the injury affected his ability to contribute to marital earnings, isn't the STBX entitled to some portion of the settlement?

 

[PILawGirl]

I don't know about Kentucky, but here in CA we have "loss of consortium" claims that compensate a spouse in a personal injury case. However, spouses are not entitled to the personal injury settlement. I would suggest contacting a PI attorney in KY, I'm sure someone wouldn't have a problem answering a quick question as to what the law is in your state when it comes to divorce and PI settlements.

 

[army judge]

Spouses have no right to any award from a personal injury suit in Kentucky.

In Kentucky, "Marital property" means all property acquired by either spouse subsequent to the marriage except: (a) Property acquired by gift, bequest, devise, or descent during the marriage and the income derived from it unless there are significant activities of either spouse which contributed to the increase in value of said property and the income earned from it; (b) Property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise, or descent; (c) Property acquired by a spouse after a decree of legal separation; (d) Property excluded by valid agreement of the parties; and (e) The increase in value of property acquired before the marriage to the extent that such increase did not result from the efforts of the parties during marriage.

All property acquired by either spouse after the marriage and before a decree of legal separation is presumed to be marital property, regardless of whether title is held individually or by the spouses in some form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, and community property. The presumption of marital property is overcome by a showing that the property was acquired by a method listed in section above. [ Kentucky Statutes - Title 35 - Chapter: 403.190]

http://www.gottrouble.com/legal/family/statelaws/kentuky.html

A recent Kentucky Supreme Court ruling has expanded spousal rights to sue for loss of consortium. The old law in Kentucky for a personal injury wrongful death case was that a spouse was entitled to loss of consortium up until the time that the other spouse died. But, with recent large accidents that have left a lot of spouses without their loved ones, such as the 2006 Comair Flight 5191 crash in Lexington, Kentucky, and widows of deceased miners, the Supreme Court took it upon itself to change the law.

The case that helped change the law was a case where a wife, who had a husband who was disabled and completely dependent on his wife, was involved in a car accident. She died on the way to the hospital. The husband sued for loss of consortium and the jury awarded him damages, but the trial court only allowed the damages for his loss during the short time between his wife's accident and her death. The Kentucky personal injury wrongful death law had been common law which only allowed damages for loss of consortium up to the time of death. The husband appealed and the Kentucky Supreme Court reversed holding that common sense would allow damages for the loss of marital companionship for the time after death. It used to be for only during the time between wrongful injury and death, but the Kentucky Supreme Court has now expanded the time for a spouse in which he or she can recover. And in the case of the man who was disabled and completely relied on his wife, you can see how this new ruling really makes sense.

http://www.kentuckypersonalinjurylawyerblog.com/2009/11/kentucky_personal_injury_lawye.html

 

[sirknight117]

Personal Injury

I reside in Kentucky

My wife and I separated on 26 Aug 2008 and now she is filing for divorce and trying to take half of a pending settlement that I have for a personal injury. It was a very bad time together she was in and out of jail, wrote bad checks in my name and a very bad drug user for the entire marriage. And now she is trying to take the only money that I might have to take care of my children and myself. Please can anyone help.