QUESTION
If I am separated from my husband, is he required to get my settlement from an accident?
Asked on Sep 07th, 2016 on Divorce - Florida
4 ANSWERS
John Arthur Smitten
The only thing he may be entitled to would be past lost wages.
Answered on Sep 28th, 2016 at 7:40 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, he is not required to get you settlement from an accident.
Answered on Sep 28th, 2016 at 7:40 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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It depends on the terms of the settlement documents. He has an "interest" under Florida law but it is not defined until the divorce.
Answered on Sep 28th, 2016 at 7:39 AM
Whether or not you are separated, a settlement for personal injury is separate property unless the injured spouse donates the settlement by depositing it into the marital joint account or in some other way indicates it is marital. I hope this answers your question.
Answered on Sep 27th, 2016 at 6:20 PM