Legal Question in Family Law in Florida

Fertility tubal reversal settelment in a divorce

Can you as the husband who has paid for your wife to have tubal reversal done to have a child be paid back in a divorce.


Asked on 3/11/09, 10:24 am

2 Answers from Attorneys

Mark Hanks Attorney Hanks, P.A.

Re: Fertility tubal reversal settelment in a divorce

Assuming the debt had already been paid at the time of the filing for divorce, and you were seeking to be reimbursed for a liability paid during the marriage (from funds earned during the marriage), the answer would be, "no."

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Answered on 3/11/09, 10:36 am
Brent Rose The Orsini & Rose Law Firm

Re: Fertility tubal reversal settelment in a divorce

You can agree to almost anything as part of a settlement agreement in a divorce, but I very seriously doubt that a judge would award it to you. Anything that gets paid during the marriage--even if it only benefits one party--is considered a marital expense, and it isn't divided out at the time of a divorce. The same type of issue comes up a lot for breast enhancements that get paid for during the marriage. If it gets paid during the marriage, it's considered something that was paid for by both parties, and it doesn't get divided in a divorce judgment.

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Answered on 3/11/09, 12:35 pm


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