Thank you for your patience. I was in the path of Hurricane Sandy and offline still trying to get things back together after the hurricane,
In all States, including Washington which is a community property State that portion of a Personal injury settlement which is attributable to "pain and suffering" is considered the injured party's sole, separate property and the portion which is considered "lost wages" is community property to which the other spouse is entitled to one-half because income earned during the marriage is community property. Therefore, you would be entitled to one half, even if you had agreed to accept one-Third, If your former wife will not agree to voluntariy honor the agreement she made with you to give you one-third of the personal injury settlement, you would either have to file a Motion to Reopen the Divorce and claim one-half of the lost wages portion of the settlement, or sue your former wife and prove the verbal agreement for one-third of the entire settlement. She might be willing to give you one-third of the settlement, if you tell her that in either event, it will cost her legal fees if you re-open the divorce, or to sue her on the verbal agreement you had.
I wish I could give you a simpler way to approach this situation, and it would have given me great pleasure to do so, but I have an ethical obligation to you to give only correct Answers, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me
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