Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
If she accepts a settlement after the divorce then he would most likely not be able to claim a portion hkwever if the divorce is still pending the money does become part of the marital estate. She might consider filing a motion to dismiss him from the malpractice suit as he has no basis for his claim now.
They are separate plaintiffs. They can settle with her but not him.
The other alternative is to have the judge overseeing the divorce explicitly order that any money obtained in the malpractice lawsuit is hers. I think he would likely comply as the husband's only claim in the lawsuit is based on his marriage to her.
Perhaps we can talk via phone for an additional charge. It might be better for communications.
If it has not been filed and since this issue remains open it would be best to have the divorce decree address it.
If there are any other questions let me know.