QUESTION
Can my husband get money after I won a medical lawsuit if he divorces me?
Asked on Sep 20th, 2014 on Divorce - Florida
More details to this question:
I broke my knee at a friend’s house and her insurance had to pay for pain and suffering. I settled at $100,000. Now my husband is filing for a divorce.
5 ANSWERS
John Arthur Smitten
Medical related damages are all your but he could get some of the economic damages. Use of a lawyer is recommended.
Answered on Sep 22nd, 2014 at 11:50 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Generally, personal injury awards for pain and suffering are not marital assets subject to equitable distribution by the court in a divorce. Personal injury awards for lost wages, past medical bills and costs, and loss of consortium can be. Consult with your personal injury and divorce attorneys if you are not sure how your award/settlement was designated.
Answered on Sep 22nd, 2014 at 10:31 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Depends on how the settlement was structured/ written up. Check with an attorney who has reviewed the document. Controlling case is probably Florida Supreme Court decision in Weisfeld.
Answered on Sep 22nd, 2014 at 10:29 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Not enough facts are given for a solid answer. Generally, the funds are exclusively yours unless you deposit them in a joint account. But there are exceptions and you should ask your personal injury attorney about this as well as a seasoned family attorney local to you.
Answered on Sep 22nd, 2014 at 10:25 AM
Personal Injury recovery's are for the injured person and should NOT be considered marital property. If you, however, deposit the monies into a joint account, it might be considered a donation to the marriage. If you keep the money in a personal account, it would no doubt be considered your money. Good luck.
Answered on Sep 22nd, 2014 at 10:25 AM