WA Is Ex-Wife Entitled to My Personal Injury Settlement?

[I am Irish]

Going through a divorce / separation at present. I have almost reached settlement with the company's insurance regarding a personal injury which happened in 2011 for the sum of $34, 000. Is my soon-to-be ex-wife entitled to claim any part of that settlement as part of the estate or is it entirely mine as it was a personal injury?

She is not putting her substantial NHS pension into the pot as she claims I am not entitled to any part of it, but we have been together 33 years and she is 55 so I have supported her during her nursing career.

I think her idea is that if I am not allowing her to any of my injury money she is not allowing me any of her pension money.

I am separated now for just over one year and the properties, etc. have been all divided. Not really 50/50 but willing to let that go.

My wife thinks I should give her half but she is refusing to put her English NHS pension into the pot as for some reason she thinks that I am not entitled to any of it. But we have been together since she was 21 and she lived with me till we got married and bought a house together.

At 43, she with the family emigrated to Australia and her pension still indexed linked grew even thought she was not putting any money in-so I am led to believe.

The question is - is my soon to be ex wife entitled to any of my personal injury settlement and what can I do about getting my share of her NHS Pension?

 

[sammy01]

Nothing is definite in family law. If it found its way to a magistrate, he would look at those factors. My thoughts - her pension is hers, your payout is yours. Now split everything else.

 

[SamanthaJay]

I'm thinking her English pension is the same as our superannuation? If that is the case, it could be a sizeable amount considering her age. Do you have superannuation or pension?

 

[I am Irish]

Hi Samanthajay

I do not have an English pension and both our Australian supers are almost of equal value. But the NHS English pension (super) will be of a far larger value. It is just raising a red flag with me because she refuses to even discuss that pension or declare it on the court documents.

I have declared and split everything more in her favour than mine so far. I have not received my injury pay out yet as it has only been agreed about two weeks ago. I do agree that the English pension could be a sizeable amount and that is why she does not want to share it with me. But to carry on the 50/50 split of assets it has to go into the pot. I will happily split my injury pay out with her if we both play fair.

So do you know what my course of action may have to be?

 

[sammy01]

I'm confused - have most assets already been split? And that has been agreed? So what are you going to court about?

So go to court and ask that the court demand she disclose the English pension or don't go to court and don't give her any of your pay out.

 

[I am Irish]

I didn't said I was going to court. The stage of our divorce is that we have sold the house split that 50/50 as same with the contents of the house. Both supers are almost of equal value so they will be left alone. However, her English pension has yet to be declared by her which is should be put into the pot and shared 50/50. It that not correct?

I do not have an English pension. The second question was, is my personal injury claim payment to be shared 50/50 also or as it's a personal injury claim, do I keep it 100% myself? That's all I am asking

 

[sammy01]

Look, all assets are part of the pool. Now I understand that you're not going to court (yet) but to answer your questions, I reckon it is best to look at how a magistrate would look at it. A magistrate would want all info and then he could determine that your compo payout is yours, or he may not. He may determine the English pension is entirely hers or he may not. It is impossible to ask someone on a website like this about how it would go, especially without all the details.

So in my case, where I was married for 8 years, it was accepted that most of my super was accumulated prior to the marriage and as such, only the portion that was accumulated during the marriage should be considered but my marriage was short.

So if you're not going to court at this point, then my opinion is don't. Mate walk away. Tell her if she wants to come after half of your payout, she can apply to court and let her know that if she does that, you will make a claim against her pension. Easy.

For the sort of money you're talking, I don't think it will be worth her while to apply to court and I don't think it worth your while for the sake of her English pension. From what I know, the English pensions is a bloody good earner, but I can't help but think it won't be worth your while to go after it. Walk away - be done with it. Like I said, if she is intent on getting half of your $32 000 - let her take it to court. It will cost her thousands to do so and as such it won't be worth it. Tell her to go away....