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Can You Sue Your Own Spouse?

Recently someone asked me if you can sue your own spouse. It's an interesting question, with a few possible answers.

First, there is typically a spousal rule in personal injury designed to prevent the person who caused the injury from benefitting.

Say, for example, your spouse caused a car accident and you were injured as a passenger. You could try suing your spouse for damages, but as long as the money could get back to the person who caused the accident in the first place, you probably won't be successful.

If the spouse doesn't benefit from the claim, however, it's not a problem. That's why marital status plays a large role in cases like this.

If you're divorced, you absolutely could sue your ex for damages. The money would not be going back to the party that caused the injury. So even though you may be close or have a long history, your case could have traction.

In fact, even if you are dating or engaged, it may not be an issue. Courts generally look for people who are married and residing together in determining who might benefit from a suit.

One other thing to keep in mind: a lot of insurance policies specifically exclude family members or people residing in the same house. You should keep that in mind. A good personal injury attorney will investigate all of the parties' insurance policies to help you determine what's covered in your specific case.

If you're injured in an accident, we can help. Our attorneys know the law and can answer complex questions like these while keeping your individual situation in mind. Call us today at 816-842-7100 to speak with an attorney who will fight to get you the compensation you deserve. Or you can click here to email us to set up your free consultation.


Jason C. Amerine
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President and Owner, Castle Law Office of Kansas City
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