– from Eric A. in Richfield, WI

Question Details:

My wife and I are about to go through a divorce. About a year ago I was hit by a car and received a settlement claim for the incident. Will my wife receive any of that settlement even though she was not involved at all?

Family Law Attorney Response:

Thank you for your question. If what you are telling me is all the details of the incident, then you should be receiving your full settlement when it comes to property division.

As discussed in Krebs v Krebs, 148 Wis.2d 51, 435 N.W.2d 240 (1989), the court should presume that the injured party in a personal injury case is entitled to all of the compensation for pain, suffering, bodily injury and future earnings. There should be no division of that property for the non-injured party in the divorce.

Give me a call if you have any more questions.

Dan Exner, J.D.

Family Law Attorney

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