QUESTION

If my husband and I are seperated is he entitled to a half my car accident settlement?

Asked on Sep 04th, 2013 on Divorce - Florida
More details to this question:
My husband and I have been married over 9 years and he decided a month ago he needed space and moved out. He is not sure right now if he wants to work it out or divorce. I was in a car in 12/2012 and he was not in the accident. Is he automatically entitled to half the settlement when it comes? Does it change the answer if he files for divorce before it settles?
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1 ANSWER

Personal Injury Attorney serving South Pasadena, FL at The Law Offices of Charles D. Scott PLLC
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IF your husband had any claim to your settlement it would be for "loss of consortium" which means loss of services of a spouse such as cooking, cleaning, laundry, sex, income earning, etc.  If you are separated there can be no loss of consortium, since you are not providing services of any sort to your spouse. He most certainly would not be entitled to half even with a loss of consortium claim.  If a lawsuit has been filed on behalf of you and your husband (both of you named as plaintiffs), he would have a better argument that he is entitled to some portion of the proceeds, or if your lawyer filed a demand to the insurance company and included a loss of consortium claim as a basis for the demand, then your husband may have a better argument to some entitlement.  If there has been no suit filed, I would file for divorce, that sets the date after which assets and debts are considered non marital.  You should tell your personal injury lawyer that you separated and not to make any claim, demand or lawsuit that includes your husband, or any claim for loss of consortium. You should also file for divorce as soon as possible, you can always dismiss it later if you reconcile, but it would establish a date of filling and any money you receive after the date of filing is presumed to be non marital.
Answered on Sep 04th, 2013 at 3:56 PM

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