Legal Question in Family Law in Florida
settlement of lawsuit
If my soon to be ex-husband recieves a big lawsuit settlement and We together at the time it was filed am I entitled to any?We were married almost 18 years when we split.He claims I left for another man!! truth be told He physically threw me out.He had been physically and mentally abusive thru the years which I never had him arrested for out of fear!!!Am i entitled to any of his money?I fled the state out of fear for my life in 06 and went the steps
to keep away from me,
2 Answers from Attorneys
Re: settlement of lawsuit
You are entitled to recoup for loss of companionship and consortium if you filed with him. What he gets for pain and suffering and resulting disability merely replaces his physical loss and is not marital property. If he was compensated for loss wages and income you might be entitled to a share of that.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: settlement of lawsuit
It depends on the type of law suit. And it also depends on what the recovery is for within any given law suit. For example, in a personal injury law suit, you would be entitled to "loss of consortium" compensation or repayment of any unpaid medical expenses, assuming it was paid out of joint accounts. There would not be compensation for proceeds for his physical injuries. If it was a suit arising out of a contract or a business that he had during your marriage, you may be entitled to some of that settlement.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with a Family Law attorney. I would be happy to discuss this matter with you if you would call me. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner