Divorce Attorneys & Accident Claims

Accident claims are never convenient. When resolving claims concurrently with the dissolution of a marriage, special problems arise between spouses. Are claims split equally, or based on another arrangement? If litigation is required, will both spouses cooperate? Your divorce attorney should be able to recommend several options.

How divorce attorneys resolve claims

Generally, joint liability of spouses for payment of claims is not affected, nor their joint entitlement to receive damages from claims. Divorce attorneys however routinely negotiate agreed settlements and division of proceeds between spouses, pertaining to sums that may be collected or paid in the future.

Claims which are dependent upon third parties should always be settled or resolved in the final decree as to the relationship, rights, title and duties between spouses. Terms used in settlement agreements also greatly impact the classification of damages. For instance, classifying damages as lost earnings from the past may entitle each spouse to an equal share in community property states, whereas damages recovered for a personal injury, pain, suffering, or mental anguish would properly be classified as separate property and be awarded only to the individual (relating solely to the person). Also, loss of consortium claims inure to the benefit of partners, but are dependent upon proof the primary claim. In settlement of claims, the classification of damages (joint class or separate class) is negotiable.

Criminal liability poses special problems, as do ancillary claims which depend upon an ex-spouses' cooperation for collection (i.e. favorable testimony at trial). Frequently, consulting attorneys who specialize in others areas of the law must be retained to insure seamless integration of settlement agreements into the final decree.