A lawsuit question if the ex is entitled to 1/2

Question

If my husband had an injury in 1/2006 and he was still married but the divorce went through in 4/2006. No lawyer was taking his case at the time because of no permanant injuries. 8 months later he started to have seizures. The lawyer took the case and won the first battle. My name is on the lawsuit cause we married in 9/2006. This is when he started having the seizures.

Is his exwife entitled to half the money or whatever he wrote in the living will she would be entitled ?

Answer 1

I'm sure it would depend on the divorce judge, and it may vary depending on the jurisdiction in which you live.

I doubt that she would get any of it, as it is an award for injuries HE suffered - to make HIM whole and get him back to where he was.

She was not injured and settlements of this type are not usually up for consideration, in a divorce.  It is essentially disability money and she is not on the lawsuit.

Living wills concern medical details, not financial.  If he leaves her money in his estate will, she will be entitled, when he dies.  Legally, he does not have to leave her anything.