My husband received a settlement from an automobile accident. We live in Texas. If we divorce am I entitled to 50% of the amount?
1 Answer from Attorneys
It depends. The part of the settlement that is for lost wages IS community property. The part of the settlement that is for future medical expenses or pain and suffering is his separate property. The settlement agreement should have said he's getting $XX,XXX for future medical, $YY,YYY for pain and suffering, and $ZZ,ZZZ for lost wages. You are entitled to part of $ZZ,ZZZ, assuming there are no other assets and no debts in the community estate.