Divorce Attorneys & Asbestos Claims

Pending asbestos claims present a particularly sticky problem for divorce attorneys. Inhalation injuries develop slowly and damages last a lifetime. To compound the problem, most defendants contest damages and litigation may require years to resolve. In the meantime, a case to terminate marriage and divide property tend to move swiftly through the court system. An asbestos claim is property of the marriage and must nevertheless be divided.

How divorce attorneys resolve pending asbestos claims

Disputed liability in asbestos claims between manufactures, employers, and suppliers will not prevent a family law court from dissolving a marriage. Generally, the damages recovered in an asbestos claim include lost earnings from the past (a joint asset of husband and wife), future lost earnings (a separate asset of one spouse after termination of a marriage) and personal injuries, pain, suffering, and mental anguish (a separate asset unique to one spouse). Damages recovered may also include claims for loss of consortium, companionship and service of a spouse (a separate asset of the other spouse). See the problem? How can settlement proceeds and/or judgments be divided by spouses when terminating marriage? Is cooperation likely?

Divorce attorneys 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, titles and duties between spouses. Terms used in settlement agreements also greatly impact the classification of damages, and ultimately, property issues between spouses. The attorney handling the asbestos claims must be consulted to insure the seamless integration of asbestos agreements into the final decree issued by the family law court..