Legal Question in Family Law in Florida
Lawsuites and Marraige
My mother is married but seperated got into an acident is sueing why oes the husband get part if he wasnt involved and they were separated at the time? if she gets a divorce now does he still get Part?
2 Answers from Attorneys
Re: Lawsuites and Marraige
Based on the limited information provided, your mother would not be obligated to share the proceeds if the petition for divorce has been filed or if the settlement relates to her personal injuries rather than lost income, etc. If the petition has not been filed and if the settlement relates to lost income or other reasons, it may be added to marital property and shared by the parties. Who gets what can be very complicated. Your mother is advised to consult with a local family law attorney to sort out the division of property and other issues.
Re: Lawsuites and Marraige
A spouse has a derivitive claim for damages to the marriage arising from the concept of loss of services from a spouse. Rarely is the derivitive claim valued as much as the main claim. That claim is very small where the parties are separated. A divorce eliminates it.Check with your lawyer.
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