Personal Injury Compensation and Divorce

Barutd

A friend of mine separated from his wife 3 years ago but they never divorced. Then 2 years ago he was involved in a serious accident at work in which he suffered some life changing injuries which he has never fully recovered from, in fact he is due an operation soon in a last attempt to save part of his leg.


As a result of this he is due a very substantial compensation settlement, likely to run into 6 figures.


His ex-wife has told him that he needs to give her a substantial amount of his compensation settlement and that if he doesn't, she is going to divorce him and take half of it (what a lovely lady )! :mad:


I'd like to add that he has always worked and for a long while was the only working partner in the household and has always paid child maintenance since the split.


I am under the impression that;


1. As it is a payout to compensate for HIS injury, to account for loss of earnings both since the accident and in the future and to enable him to make any adjustments needed to his home etc. she is not entitled to a penny.
2. As he can prove with documentary evidence that they have been separated since before the accident, she would not be entitled to anything anyway.


My question is, what claim to this money does she really have?

TripleH

My understanding of compensation paid out in an accident is to put you into a position you were in had the accident not happened. The compensation paid should specify how much is being paid for loss of earnings, how much is being paid for future rehabilitation etc.

I don't think your friend's wife is very unlikely to have a claim for 50% of the total amount he will receive unless she can demonstrate she will be providing ongoing healthcare for him (unlikely if they are getting divorced).

If they do divorce, this needs to be sorted properly and it is important your friend keeps all relevant correspondence safe until after any divorce is all finalised.

pphillips

The purpose of financial remedy proceedings is to make sure that money and property is divided fairly as part of the divorce. A number of factors that need to be considered include:

-the needs of any children of the marriage (housing arrangements and maintenance)
-the needs of the husband (age, ability to earn, wealth, living expenses and living standards)
-the needs of the wife (age, ability to earn, wealth, living expenses and living standards)
-the length of the marriage and roles within the marriage.

What would be a fair division of all the marital property is ultimately a matter for the court to decide in the circumstances of each individual case.

Keep_pedalling

He should take legal advice without delay. If he has not made a new will since the split he needs to that as a priority. He also needs to get closure on this relationship so he really ought to start divorce procedures himself.

The amount of compensation he has received should have taken into account that he has a wife and children to support so how it ends up being split is going to be down to the courts.

onwards&upwards

Solicitor first thing Monday I reckon.

Pollycat

Barutd wrote: »

A friend of mine separated from his wife 3 years ago but they never divorced.
His ex-wife has told him that he needs to give her a substantial amount of his compensation settlement and that if he doesn't, she is going to divorce him and take half of it (what a lovely lady )! :mad:

She's not his ex-wife.
They never divorced.

He needs legal advice.
And he needs to be honest about his marital status.

thorsoak

why does he not instigate divorce proceedings on the grounds of 3 years' separation now before there is any payout?

TripleH

Because his wife knows there is a pending payout due to him and will inform her solicitor (assuming she uses one) who will no doubt know all sorts of delaying tactics to aid their client?

Barutd

I am assuming that, because they were separated at the time of the accident, that the compensation would not take into account having a wife to support, but I don't know.


If the settlement is itemised I this way, then surely that is the only part she would have a claim to? Surely she couldn't claim to have a right to any monies awarded for loss of future earnings, pain and suffering or monies awarded to adapt a property etc.


He is on benefits, being unable to work and has no savings, which is why they're not already divorced and he can't afford a solicitor... neither can she though!

TBagpuss

As there has not been a financial settlement yet, his compensation will have to be declared in any divorce proceedings.
However, becuase the court has to look at what is fair, they will take into account why he is receiving the compensation, and the fact that they have ben separated for some time.

Normally:

- She would not be entitled to a share of the damages he gets for pain and suffering
- She may be entitled to a share of the compensation for loss of earnings, if she would otherwise have been entitled to maintenace for herself (rare)
- If they had been together when the accident happened, she might have ben entitled to an element of the damanged relating to personal care, if she helped to look ater him, or loss of earnigns if she gave up work or took unpaid leave to look after him,.

The court also has to consider both parties needs. If he is unable to work or limited in his working cpacity due to his injuries, then that affects his needs . If he needscare, or an adapted home or vehicle, those things are relvant to his needs.

It is likely to be in his interests to see a solicitor and start the ball rolling on the divorce process either way, then they can advise him about an appropriate settlement.

kangoora

If he has a copy of her threats in writing re. demanding half and threatening divorce to obtain half his injury compensation I'm pretty sure a judge would take a very dim view of those comments in the divorce courts.