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Old 08-16-2007, 11:06 AM
  # 23 (permalink)  
queenteree
Recovering Nicely
 
Join Date: Aug 2006
Posts: 935
Jilly is right about the "loss of companionship" issue, however, that does not mean that he is automatically entitled to half. In my state, if my RAH has a personal injury lawsuit pending (which he does actually) at the time of our divorce, he is entitled to the settlement for pain and suffering, loss of wages, punitive damages, etc. I am only entitled (I am named in the lawsuit too as a plaintiff) to a percentage of that for "loss of services" (and most likely a small percentage). I checked that out when I was planning on leaving RAH before he went to rehab. Just like my small inheritance from my mother is mine, not his, even though I received it when I was married (but put it in a separate account in my name). You may have a hard time finding another attorney to take over the case cause it's hard to switch attorneys in personal injury cases, at least in my state, cause they are still entitled to a percentage of the recovery even if you get someone else.
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