QUESTION

Disability policy purchased prior to marriage , payments received after marry are these funds non marital?

Asked on Jul 21st, 2020 on Family Law - Florida
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Family Law Attorney serving Coral Gables, FL at David B. Mitchell, P.A.
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Thank you for your question.  To the extent that the pre-marital disability policy payments to your spouse made today represent a substitute for future lost wages and future medical bills, the benefits are the separate property of your spouse. Payments for “pain and suffering, lost wages, and disfigurement” are the separate property as well.  If you consult with an attorney, please have him or her look up the 1989 Florida supreme court case of Weisfeld v. Weisfeld and check to update for any new cases since then in your District.
Answered on Jul 22nd, 2020 at 8:55 AM

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