Legal Question in Family Law in Florida
I recieved a personal injury settlement check for an accident in 2008... was married at the time got divorced in 2010 payment was made to both me and my ex-wife. only I was in the car involved in the accident. she did sign off on the divorce decree that she recieved everything and had no other interest.
3 Answers from Attorneys
Usually, it's hard to divide up a settlement like this because your ex-wife is only entitled to a small portion of the settlement. For instance, your wife is entitled to half the portion of the settlement that represents your lost wages while you were married. But your settlement probably doesn't designate what portion of your settlement is lost wages vs. pain and suffering vs. medical bills. It's just one lump of money that you settled on. Your best bet is to just settle with your ex on how much she gets, but don't forget, it should only be a fairly small percentage of the settlement.
The PI money is mostly non marital except for lost wages. Pain and suffering, future paid and suffering, money for medical bills, etc is all non marital.
If she was a party to the lawsuit, she is entitled to something for her claim. Work it out.