It’s an unfortunate truth that marriages in which one person has experienced a serious personal injury are more likely to end in divorce than those that haven’t. From the strains put on day-to-day living to financial pressures suffered from loss of work, it’s sad but not surprising that many couples eventually decide to split.
However, when the injured party has received an (often large) amount of compensation, the divorce process can become complicated. If you’re going through a divorce as the recipient of serious injury compensation or you’re the spouse of someone who has, here are some myths and preconceptions we’d like to bust:
My compensation will be protected by the court
It’s called serious personal injury compensation, right? We’re afraid not. When deciding on the final outcome of divorce proceeding, the court is primarily concerned with equality. This means taking into account each party’s earning capacity and income as well as the ongoing impacts of any serious injury. This means that the amount you were awarded may not necessarily be excluded when calculating your assets and that, while you may be living with a disability as a result of your injury for example, your spouse may still be entitled to some of your compensation if the court feels that their income, ability to earn or assets are significantly lower than yours.
As the injured party, I will be given the most consideration
Again, it’s important to remember that divorce proceedings are about finding a fair outcome for all involved so, while any disabilities and personal injuries will certainly be given great importance, the most consideration is often granted to any children involved in the divorce. Priority will be given to child welfare in most, if not all cases, and this can affect how your compensation is distributed.
The result of this past case means that my case will go the same way
It can be tempting to look at the results of past divorce proceedings similar to yours and to assume that the courts will act in the same way. However, each divorce case is extremely complex with many factors taken into consideration that will be completely unique to you and your family. So while you may read of one spouse who received part of their partner’s serious injury compensation, that doesn’t guarantee this will happen for you.
I’ve read up on serious injury compensation and divorce law and am confident going into this on my own
As we’ve mentioned, each divorce case is completely unique and the law surrounding the proceedings can be extremely complex and very specific. That’s why it’s vital to get expert legal advice before entering into any proceedings.
If you’ve suffered a serious personal injury and would like to know more about making a claim or finding out what you’re entitled to, visit our website at www.first4seriousinjury.com or call us on 0800 779 7862 for 24/7 advice from our expert and award-winning team of lawyers.