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Divorcing, and have an auto claim after filing.

I am sure that the title is a bit misleading, I couldn’t figure out how to word it.

First. I filed for Divorce a month ago. I have an insurance policy with state farm, and wrecked my car. The claims office is making the check out to both parties on the policy even though legally I am the defacto owner of the account since my name is first on the policy.

I have an order of protection against him, and he is going to fight me for half of the money from the claim even though it happened after I filed divorce papers.

The claims office says they need proof of legal separation to change the way the check is written.

What constitutes proof of separation without filing for a court document that will cost as much as the settlement? And do I have any other recourse?


Well, you want to talk to an attorney. A “defacto” separation means different things in different states. You basically have to show that you were separated with no intent to get back together.

This maybe different for your states. Talk to a family law lawyer in your state. They will be able to help you more.

Good Luck

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