Delray Beach, FL asked in Divorce and Family Law for Florida

Q: I have a prenup, we have no marital property, he was in a car accident where he will get over 1M will that be joint?

He now says he doesn’t want to be married the suit is settling soon. It doesn’t feel right

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3 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber
Answered
  • Hollywood, FL
  • Licensed in Florida

A: You need to read your prenuptial agreement carefully. It is vey possible that you waived any right to the settlement. If you need more guidance schedule a consultation with a local family lawyer.

Bruce Alexander Minnick agrees with this answer

1 user found this answer helpful

Mr Eric Klein
Mr Eric Klein
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: Generally speaking, a personal injury claim is not subject to the marital estate; therefore, is not subject to equitable distribution. In English, you may not be entitled to the personal injury settlement. I hope this answers your question. Good luck.

Bruce Alexander Minnick agrees with this answer

1 user found this answer helpful

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: If you are married--and can stay married--there is a better chance that you could get some (later) benefit(s) out of your husband's personal injury settlement. The first thing I advise yo to lose is any expectation of ever receiving anything--from your husband or any other humans on earth. Greed kills marriages almost a easy as being unfaithful.

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