– from Heather I. in Hartford, WI

Question Details:

A month ago, a delivery truck driver clipped me when he ran a red light. The company he worked for is looking to settle the case with me as we speak. However, I also just found out my husband cheated on me. I want a divorce, but I don't want him to receive any of the settlement. Since the accident happened while we were married, will he receive part of it?

Family Law Attorney Response:

Thank you for your question.

It was discussed in Wallen v. Wallen 139 Wis.2d 217, 407 N.W.2d 293 (Ct. App. 1987) that a claim for personal injury is property subject to division as long as the personal injury claim is during the marriage and not acquired be either party prior to the marriage.

If you have any more questions, feel free to call.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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