Legal Question in Family Law in Washington

Re: Insurance settlement question

Your co-worker is about half right. Personal injury settlements can be classified into two separate parts: economic damages and pain & suffering damages. The portion of the award designated as economic damages is community property since it is intended to make up for lost income as a result of being injured and unable to work as your wife normally would have. Had she worked, her income would have been community property, and thus, the loss of that income that would have been earned during the marriage is community property. The portion of the economic damages for lost income that would have been incurred after the date of separation is separate property.

The pain and suffering damages are unique to your wife, and therefore separate property. You may also have had a claim for "loss of consortium," which is separate from your wife's claims. I'd get into that, but that's a whole separate posting.

If you think your wife received a substantial sum, perhaps you ought to consider hiring an attorney to help you find out what she received and whether you ought to claim any part of it.