Does my soon to be ex have any right to my accident claim?

Non pecuniary damages such as for pain and suffering are not subject to the presumptive 50/50 division under the Family Law Act regardless of whether earned or received before or after separation (so your spouse has no claim against damages awarded for pain and suffering). Past wage loss may be subject to division depending on the facts of the case (i.e. what impact the missing wages had on the couples finances – so for example if the couple drained their RRSPs and savings during the 3 years of one spouse receiving no income, then there is a much stronger likelihood for the past wage loss to be divided so as to compensate the uninjured spouse for the loss in the division of family savings that would have occurred had there been no wage loss ). Future loss of income or compensation for future loss of income earning capacity, is not subject to any division although it would certainly be a relevant factor in any spousal support determination as the injured party would have to be imputed with some ongoing annual income out of the future wage loss award. For more information you should consult with an experienced Family Law lawyer.