QUESTION
Does my spouse get any money from my car accident settlement?
Asked on Apr 19th, 2014 on Divorce - Florida
More details to this question:
I got into a car accident and I got injured. I am unable to sleep with him because of the injury and now he tries to be with another woman so I want to get a divorce. He said after we clean up all the debt, we have to split the money including my settlement from the car accident. Can he do that?
9 ANSWERS
Generally, personal injury settlements are the separate property of the injured party. However, sometimes the community is also compensated. You should consult your personal injury attorney to see if any of the settlement was meant to compensate you both. If not, then you do not need to divide the settlement with your spouse.
Answered on Apr 21st, 2014 at 5:14 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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All but the pain and suffering portion of a settlement may be subject to division.
Answered on Apr 21st, 2014 at 4:14 PM
Bruce Provda
It's hard to tell without reading your settlement agreement. Generally this would not be marital asset unless there were some funds for him for loss of consortium.
Answered on Apr 21st, 2014 at 4:10 PM
No. It is considered separate property.
Answered on Apr 21st, 2014 at 3:57 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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The proceeds from the car accident are your separate property and he can get zero UNLESS a you mix the proceeds with community money, or those proceeds representing lost wages are community. Unless the settlement said the proceeds are for lost wages then the settlement proceeds are not for lost wages.
Answered on Apr 21st, 2014 at 3:47 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Talk to your attorney. Most Judges use a case called Weisfeld, Florida Supreme Court case as guideline.
Answered on Apr 21st, 2014 at 3:41 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In Idaho, the portion allocated to your injury is your separate property. The amount allocated for loss of consortium is his separate property. So long as you don't put the money in a joint account. Keep your money in a separate account.
Answered on Apr 21st, 2014 at 3:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It certainly is not quite as simple as that, you need to confer with a family law attorney. Generally, a spouse who no longer is able to sleep with their spouse has indeed a compostable of a loss, but that certainly does not necessarily extend to half of the remuneration of the damages caused by the accident.
Answered on Apr 21st, 2014 at 3:37 PM
The answer is not so simple. Initially, your settlement is your separate property. What you with the money is how the money will be defined as separate or marital property. Have you considered Mediation for your divorce? Mediation is Fast, Effective and Affordable. Both spouses would have to agree to mediate before it could happen. Good luck.
Answered on Apr 21st, 2014 at 3:30 PM