In this Personal Injury Settlement Divorce Claim case(2013 BCSC 1827) The wife tried to claim half of the husband’s settlement from ICBC as a family asset.
The husband kept his settlement from ICBC separate and did not use it for any family purpose. He had actually placed the settlement money in a separate bank account and had not used it .
The court agreed with the husband’s submission that the personal injury settlement award money was not used for a family purpose and was therefore not a family asset.
Issue: Should a personal injury settlement be considered a family asset subject to division in a divorce?
Posted by Personal Injury Lawyer Mr. Renn A. Holness
No; I do not believe a car accident should be part of a divorce settlement. The party who was in the car accident is the one that suffered and will continue to suffer.
I disagree. If only one party was in the accident and If your married then end up proceeding to get a divorce because of the others actions during his or her recovery and other person (not physically in the accident) is the one to take care of all there needs while healing to get back to his or hers daily work and activities wouldn’t that be classified as both partners are effected by the accident claim!
There for sharing a portion would have meaning! .
Just because the other party was not actually in the accident physically the other party is still the one who get emotional and mental abuse. When the party who gets hurt has the other to rely upon to take care of them while he or she is recovering! I believe entitled to a share is well deserved and defined. Wear as both partners have suffered.