We were asked a question by a woman who wanted to know if she would be entitled to any part of a personal injury settlement that her husband was in the process of getting. In Illinois, property that is acquired during a marriage is considered marital property, unless it falls under a few specific exceptions. Even where the cause of action includes claims for pain and suffering and other loss that is specific to the injured spouse, Illinois still considers that to be a loss owned by the marriage and not the individual. Once you decide, though, that the personal injury cause of action is part of the marital assets, it does not necessarily mean that the amount of the award or settlement would be split equally. Lastly, the wife had asked about whether a settlement check is sometimes made out to the husband and wife together. Don Dziedzina brings you the latest in outdoor news with entertaining and informative posts on fishing, hunting and the outdoors. Exploring the world of higher education in Chicago and beyond, from a practical standpoint. TweetWhat do you do when your spirit needs a lift but there’s no one around to encourage you?
I raised my 2 daughters alone and as a single parent then I faced a lot of pressure and negative comments from other people. Earlier this month, a bill requiring women to receive an ultrasound before they can receive an abortion passed the Virginia senate, and it recently cleared a state house committee with an overwhelming majority. Simply put, it is difficult to distinguish a law requiring women to be vaginally penetrated by a long metal object from state-sponsored rape.
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She said that she and her husband were recently separated, but the injury happened during their marriage.
While this can be the case, it should not matter as far as being legally entitled to a portion of the settlement. Author of a forthcoming book "Deep Within my Soul: Hope After Abuse - How Poems and God’s Love Healed my Pain". Author of forthcoming book "Deep Within my Soul: Hope After Abuse - How Poems and God’s Love Healed the Pain". As Dahlia Lithwick explains, the effect of this bill would be to force most women to undergo a stunningly invasive procedure for no medical reason whatsoever.
A cause of action for a personal injury that occurred during the marriage is considered to be marital property according to Illinois law. But the reasoning is that money from a personal injury cause of action reimburses the inured spouse for harm that affects the value of the assets of the marriage as a whole.
And here is where the judge may consider how much of the money may be personal to the injured spouse, and how much reflects a loss to the family.
Is not clear, though, whether they had been legally separated or were just living apart and only physically separated. If it is marital property, then it is owned by the husband and wife, regardless of whose name is on the check.
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The goal in dividing property in a divorce is to have the family supported according to each person’s needs.
The percentage each gets may take these specifics into account, but the total starts out in the marital pot before it is divided.
Legal separation is actually the result of a formal court proceeding, much like a divorce, except the couple remains married. The family of the injured spouse also suffers a loss to the amount of possible marital assets.
Once there is a judgment for legal separation, property and debt from each spouse remain separate.
If the two are just living apart and physically separated, property and debt of the two are unchanged, and continue to be part of the marriage. So even though the wife said they were married when the injury happened, it would be important to know whether they were legally separated before the injury happened, even if they were still married.




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