QUESTION

Does my Ex husband have any claim on my medical malpractice settlement

Asked on Mar 15th, 2019 on Divorce - Florida
More details to this question:
I am separated from my ex-husband since 4/2017. We do not have any real property, any children together, no bank accounts we own nothing. I am in a medical malpractice lawsuit since 11/2015. Nothing has been settled yet, but will he be entitled to any of the settlement money coming in?
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
     Typically, when parties are married and one spouse is injured, the other spouse may have a claim for what is commonly called a "loss of consortium."  That is a rather broad term and encompasses losses the spouse may have had as a result of  the injuries of the other spouse, including: loss of companionship, loss of household services provided by the injured spouse; loss of income, both of the injured spouse, and opf the other spouse who may have taken care of the injured spouse, and a host of other claims.  Of course, in your instance, those wouldlikely  be limited to the time frame from the time of the accident until your separation.    It also depends on how the settlement (if, in fact there is a settlement) or the verdict (if there is a trial) is worded.  You should ask your medical malpractice attorney to consult with a qualified family law attorney in your area to best work of this together.   Best  of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.
Answered on Mar 31st, 2019 at 1:00 PM

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