QUESTION
If I am in a personal injury lawsuit and I get a divorce, does he get half of it?
Asked on Mar 22nd, 2014 on Divorce - Florida
5 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Normally, proceeds from a personal injury case are not a marital asset subject to equitable distribution. He may have an interest in part of it, if there is a loss of consortium claim, but not all of it. You should consult with an attorney in order to determine in what portion, if any, he may have an interest.
Answered on Mar 24th, 2014 at 12:52 PM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Economic damage awards (e.g. lost wages, past medical expenses, etc.) are generally considered to be marital assets subject to equitable distribution by the family court. Non-economic damage awards (e.g. pain and suffering, future medical expenses, etc.) are generally not considered to be marital assets subject to equitable distribution by the family court.
Answered on Mar 24th, 2014 at 12:44 PM
John Arthur Smitten
He may be able to get a portion of lost wages; Pain and suffering, future pain and suffering, medical expenses and future medical expenses he gets none of that. So most of the money is all yours.
Answered on Mar 24th, 2014 at 12:37 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Speak to a personal injury attorney. He might be entitled to a recovery but he would not be entitled to what you are entitled to. In the divorce case, he can try to make a claim to receive part of what you might be entitled to, and it would depend upon the facts, none of which we know.
Answered on Mar 24th, 2014 at 12:25 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Any division is up to the Judge.
Answered on Mar 24th, 2014 at 12:24 PM