St. Petersburg, FL asked in Personal Injury and Car Accidents for Florida

Q: I was I injured in a car accident & i am about to receive a settlement. Is my husband entitled to any of my settlement?

My husband and I live in Florida. We have been seperate for about 12 years, living in seperate households. We do not exchange money between households. The personal injury settlement was because I was in a car accident. I am on a full disability, SSDI. I have been on a full disability for about 14 years. I was injured further in the car accident and am about to be awarded a settlement from the lawsuit. Is my husband entitled to any of my settlement in the state of Florida.

2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: I'm assuming you have a lawyer. If I'm right, I'm wondering why you're you asking this question online. Is there a problem with your lawyer's representation and advice? Is there a communication problem? If so, that is an issue that needs to be resolved as quickly as possible. Generally, if you are the sole claimant, your husband wouldn't receive any funds from the settlement payor - but that is a different issue than what, if anything, he is entitled to from your OVERALL assets in a dissolution of marriage case. If there's any possibility he will file for divorce and seek a piece of your assets pie, you should consult a family law attorney in your area. Such attorney might advise you to file for divorce at a particular point in time.

On a separate issue, did your lawyer discuss the issue of whether the settlement funds should be put into a special needs trust in order to prevent you from losing your disability benefits? For certain disability beneficiaries, if you have more than $2,000 in a bank account at any time, you lose your benefits. If you are in that category, a settlement deposit to your account may cause loss of benefits. (!!!!)

Tim Akpinar agrees with this answer

1 user found this answer helpful

Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: In reviewing the matter with your attorney, you could also look at how damages are broken down in the initial claim and how the release is worded. Good luck

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