di live in the state of florida is my spouse entitled to my personal injury settlement

UPDATED: Sep 30, 2022

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di live in the state of florida is my spouse entitled to my personal injury settlement

i have live seperate from my husband and was going to get a divorce but I was
hurt in the meantime and now i would like to know if he is entitled to my
settlement in fl

Asked on October 29, 2016 under Personal Injury, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

As a general rule, unless a legal separation agreement is in effect, a spouse's rights remain the same as if they were in a stable marriage. Typically, however, if a settlement is to compensate for injuries, pain and suffering, loss of enjoyment, or medical bills that do not have any impact on the marriage, the settlement is deemed to be separate property and should be solely awarded to the injured spouse. That having been said, some courts have held that a personal injury settlement is marital property when: there is a commingling assets by accepting the entire settlement in one check made payable to both parties; it is compensation for lost wages; there are medical bills that have an impact on the marital estate. Finally, when there is a lower settlement due to low policy limits or a lack of funds from the at-fault party, a court can allocate a portion of the settlement to lost wages even if it is for personal injury only. At this point you should consult directly with a local divorce attorney as to your situation; they can best advise you further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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