I recently received a settlement claim from an auto accident. My lawyer has told me that the claim was for "loss of consortium" . I am considering getting a divorce(if counseling doesn't work) and I wanted to see if my wife has any claim in my auto claim and what she would have to prove in order to get a portion of the claim also the amount of the total claim is less than 20k(not sure if that matters)and the accident happened prior to to the marriage but the settlement came in after marriage.
2 Answers from Attorneys
Have your attorney address this issue. He is most familiar with your claim and most able to define what portion is related to the consortium claim.
If accident occured before you were married, then I would argue that she cannot be entitled to a claim of loss of consortium. Your wife would have to claim that the accident affected your marriage, but you were not married at the time. She married you after you had the accident, so she did not lose anything re the marriage because she accepted you with the injuries.