denny57

Switch attorneys.

jillybean

I have to agree with denny, change lawyers. Under the circumstances, it would be a good move for you.

In a perfect world, there is a moral code and it is followed but in the real world, it is often not that way.

There is a conflict of interest here regardless of if the lawyer knows of your marital situation or not. YOU know it and that's what counts. Changing who represents you will help ease that stress. At least you won't have to wonder about what is going on behind your back.

As far as the accident goes, I can tell you that in my state, a spouse is included because they suffer "loss of companionship" or whatever the the legal term is, due to your physical condition as a result of the accident. It is like being compensated for lost wages if you can't work due to the accident.

Years ago my xh was awarded a portion of a claim I had when I was injured in an accident. Being the naive, young person, I put the settlement in a joint account and thought it would stay there to be able to purchase a home later.

Intuition or a HP prompted me to go to the bank one day and check the balance and lo and behold, there was barely anything left! He had been siphoning it away litlle by little without my knowledge. The teller suggested I close the account and deposit the balance in my own private account. I didn't need xh's permission to do it.

I am not a legal expert, but I would look into whether you may be able to make a case that your marriage is in state where there is a breakdown. He can't lose companionship that doesn't exist IMO. Whatever legal steps you may have already taken concerning the marriage would be proof of that claim. That may be how you can keep him from getting anything. Only a lawyer can advise whether it can be legally done.

Don't be afraid to shine light on the truth. If the laws in your area allows, a good and compassionate lawyer that is working for their client, YOU, will be able to protect what you rightfully deserve.

Wishing you the best,
Jilly

queenteree

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.

dollydo

If you accounts say "or" either of you can close the account. If the account says "and" it will require both signatures.

However, that doesn't mean a whole big bunch, as either can drain the account without actually closing it.

As for the settlement, alot depends on the state you live,is it a community property state or not.

I have never been a fan of co-mingling funds, when married I always had one checking in both our names, and all the rest I invested was in my name only. I chose my beneficiaries...I never saw a reason to put my hubbies on my accounts, too risky.

Thank god that I didn't, I'd be as poor as a church mouse.