If you suffer an injury while married and file a personal injury claim as a result, any settlement proceeds from that claim will be considered a marital asset. Illinois law says that each spouse is entitled to an equitable share of such assets. So, if you get divorced while that personal injury claim is pending, the money you receive would be subject to allocation during your divorce proceedings.
If you are going through a divorce while your lawsuit is ongoing, you must share information about the lawsuit with your lawyer handling the divorce. Your personal injury attorney can help you with this disclosure.
If, after getting a divorce, you suffer an injury that affects your ability to work or your earning capacity, that may be an issue you would need to re-address with your divorce lawyer. And, if, following that injury, you receive a substantial personal injury settlement, your former spouse might seek modification of your previously agreed-upon child support payments or other arrangements.
In such a case, your divorce lawyer could argue that the proceeds from the personal injury action are for future medical expenses belonging solely to you or for your own pain, suffering, disability or disfigurement and are, therefore, not assets subject to the divorce proceedings.
If you or a loved one has been injured, contact the experienced personal injury attorneys at Mitchell Hoffman & Wolf for a free consultation.
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