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Is a Personal Injury Settlement a Marital Asset in Florida?

Various categories are involved in personal injury settlements, including lost wages, medical expenses, and emotional harm. In some cases, it may even be possible to receive compensation for the repair or replacement of any property that was involved in the accident. You may also seek additional losses in specific circumstances. A lump-sum settlement is the most common way that personal injury settlements are paid. But in some cases, the settlement may involve structured payments made over months or even years.

Questions about the Award?

If you receive a personal injury settlement, you may be wondering if the funds you receive will be considered marital assets.  If you receive the payout during your marriage the award could be considered marital. Florida is an “equitable distribution” state. This means that assets accumulated during the marriage should be divided equally during a divorce.

Is Award Marital?

Florida, like other states, generally does not consider personal injury awards as marital property. However, there are exceptions to the rule. If you are awarded a personal injury settlement and worry that it may be considered marital assets, pay attention to these exceptions if you want to protect the settlement.  If the award is considered marital your spouse may be entitled to a portion of the award.

Exceptions to the Rule

Generally, personal injury awards are not considered marital property because they are awarded to cover the injury. However, there are situations that can make personal injury settlements subject to property division during a divorce.

Commingled funds

This can happen when the funds are placed in a joint account and used for marital debts and expenses, such as general household expenses and bills. To avoid the money becoming communal funds, keep the funds in a separate account titled only in your name.  You should consider this if you believe that your marriage will ultimately end in divorce. Or if your spouse did not contribute to the household during your injury and recovery. It is a good idea to get legal advice on this issue.

Records are Important

To prevent the courts from viewing your decision to place the funds in a separate account to hide assets during the divorce process, be ready to prove that the funds are being spent for the purpose they were awarded, which is personal injury recovery. Keep a record of how the funds were spent, such as hospital and therapy bills.

Injury Related Expenses

Marital assets were used to pay for injury-related expenses – The process of claiming a personal injury settlement can be a long one. During the legal process, you may need immediate medical treatment and need to pay out of pocket. If marital funds were used to pay for medical services and other injury-related expenses, the amount spent may be taken from the settlement funds and considered marital assets.

Uninjured Spouses Supported the Household

Uninjured spouses supported the household – Personal injury settlements typically include lost wages during the period that the injured party could not work. If the uninjured spouse worked and supported the household, the funds awarded for lost wages may be placed into the marital estate.

Keeping the personal injury compensation separate is the key to protecting your funds from becoming marital assets and subject to division during a divorce. However, you also have to consider whether your spouse supported the household while you recovered from your injury or if marital funds were used to pay for your medical expenses.

Whether you are the injured party or the uninjured spouse who may be entitled to a portion of the personal injury award, you should seek the advice of an experienced divorce lawyer.

Call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/. All consultations are by telephone or video conferencing for efficiency and convenience.

Attorney Diaz practices exclusively in divorce and family law in Florida. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

Social Security Benefits for Divorced Spouses in Florida

As a divorced spouse, you may be eligible to receive Social Security benefits from your ex-spouse’s work record. However, before you can receive any help, there are requirements and criteria to meet. Here is what you need to know about social security benefits for divorced spouses in Florida.

Collecting Social Security from your Ex’s Work Record

If your ex-spouse is entitled to collect Social Security retirement or disability benefits, you may also be eligible to collect spousal benefits on their earning record. However, you can only collect spousal benefits from your ex-spouse’s social security if you meet specific criteria.

First of all, the marriage should have lasted at least ten years. Following your divorce, you should not have remarried. You don’t necessarily have to be single: you just can’t be legally married. You will lose eligibility to collect benefits if you remarry while receiving benefits based on your ex-spouse’s entitlement. Lastly, you must be 62 years old when you apply for spousal benefits.

At the minimum required age of 62, you may be able to receive 32.5% of your ex-spouse’s benefits, regardless of whether or not they applied for benefits as well. The highest you can receive is 50% of their benefits, as long as you’ve reached retirement age, which will be at some point 67 years old. Social Security benefit rules are complex.

Don’t expect to receive combined benefits. You can still claim ex-spousal benefits even if you already receive retirement benefits on your work records. However, if you file for ex-spousal benefits, Social Security will only pay whichever of the two amounts are higher.

Survivor Benefits

If your ex-spouse is deceased, you may be entitled to survivor benefits, which involve receiving 100% of the amount your ex-spouse was eligible to receive if they never claimed benefits. It’s worth noting that any benefits you receive from your ex’s work record will not affect the benefits paid out to them by Social Security; it will also have no impact on their current spouse, assuming they remarried.

How to Apply for Social Security Benefits

To file for spousal benefits, you can visit the Social Security Administration (SSA) office or file online on their official website. You are not required to inform your ex-spouse of the application, as it will not affect any of their social security credits. You will have to provide the following requirements:

• Birth Certificate or any legitimate confirmations of your birth details
• Official proof of citizenship or legal immigration status
• Ex-Spouse’s Social Security Number
• Marriage Certificate
• Divorce Decree

During the filing process, you will include your work record and ex-spouses. Because this ensures they can seek a higher benefit percentage from both of you, you will only receive the highest one.

To learn more about what you may be entitled to receive even after a divorce, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/. Consultations are by telephone or video conferencing.

Attorney Diaz practices exclusively in divorce and family law in Florida. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

In Florida, the courts believe that both parents should take responsibility for their child’s best interests. While the goal is to achieve equal time-sharing, one parent may have the majority of time-sharing.  This is known as “sole custody” in other states. There are also scenarios when one parent is designated as the “custodial parent”. The custodial parent has more parenting time with the child. In this case, the other parent is the “noncustodial parent.”

The judge can make a decision such as who gets sole custody, becomes the secondary parent, or how to divide time-sharing equally. However, the courts can also revoke child custody without hesitation, especially if a parent endangers their child or there is substantial evidence that the terms of the agreement have been violated. Here are the top 3 reasons why a parent may lose their child custody rights:

1.   Parental Alienation

If the parents got along, they probably would not have divorced in the first place. Therefore, it’s understandable that ex-partners will not have good things to say about one another. However, when a parent engages in a consistent pattern of behavior that intentionally hurts their child’s relationship with the other parent, this is could be “parental alienation.” One parent may do this to turn their child against the parent. The parent engaging in this behavior is hoping to deprive their ex-spouse of a relationship with the child. Other parents may think this is a good strategy to “win” as the custodial parent may receive more financial support.

These acts of manipulation are far too common, and the courts have created protections against these behaviors. In Florida child custody cases, acts of parental alienation may be reason enough for the courts to reduce parenting time.  The court may also order supervised visitations.  In extreme circumstances, the offending parent could or lose all custodial rights.

2.   Unsafe Environment

A parent living in a home that poses safety hazard risks may lose custody rights. Allowing a child to live in an unhealthy and dangerous environment is a form of neglect. This doesn’t only apply to the parent’s house but also the neighborhood or the building since the child will be exposed to the surroundings beyond their home. Filthy and unsanitary living conditions infested with vermin or mold are examples of environments to which no child should be exposed. Substance abuse by a parent that endangers a child is also unsafe. Custodial rights may be revoked or limited for these reasons.

3.   Unfit Parent

Florida Statute 751.05 describes a parent as unfit if they have “abused, abandoned, or neglected the child.” Parents that are deemed unfit by Florida courts can lose child custody for not only failing to meet the child’s best interest but also endangering the child. Parents that have a severe mental illness or substance abuse fall under this category, along with parents proven to abuse their child physically and mentally. The courts will revoke child custody to distance the child from erratic behavior that puts their health, wellness, and life in danger.

If you have any more questions about child custody in Florida, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.  For efficiency, all consultations are by telephone or video conferencing to protect our staff and clients.

Attorney Diaz exclusively practices divorce and family law in Florida. She has been providing legal services since 1995.  She has extensive experience in high conflict cases. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

Alimony Florida
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How Does the Judge Determine Alimony in a Divorce?

The divorce process can be difficult for many people, but it can also be confusing. One aspect of divorce that is often misunderstood is alimony. What does the judge look at when determining alimony? How much will you get if you are awarded alimony, and what are some things to consider as part of divorce negotiations? To better understand how judges in Florida determine alimony, let’s discuss the different types of alimony and the factors affecting the court’s decision.

Types of Alimony

There are different types of alimony. Temporary alimony covers the time between divorce or separation, as well as divorce proceedings. There will need to be an end date when negotiating your settlement agreement; it can only last up until one party remarries or cohabits with someone else (in other words, they may get less money) unless the parties agree otherwise.

You might want temporary alimony if you do not have any means of supporting yourself while going through divorce proceedings and need more time to find a job following divorce. Alimony will often favor the spouse with lower earning potential because of caregiving duties—such as childcare and eldercare.

Another type of alimony is rehabilitative alimony. This can be awarded to someone who needs time and financial support to get back on their feet following divorce or separation. It’s typically only granted for three years, but it might last another five if the person receiving payment continues getting better during that time frame. This also depends upon whether they have family members or friends helping them out with day-to-day living expenses.

There is also permanent alimony. Florida permanent alimony is periodic payments of financial support paid to an ex-spouse for an indefinite duration. The purpose of Florida’s permanent alimony law is not to divide future income. Instead, it is to provide for the needs of a former spouse, as they were established during the marriage. Permanent alimony is only proper when the evidence shows a permanent inability of the ex-spouse to become self-sustaining. Permanent alimony is typically only awarded upon the divorce of a long-term marriage which is defined as a marriage lasting 17 years or more.

Factors That Determine Alimony

Florida divorce laws are not as rigid as some other states, and the judge will have a lot of discretion in awarding alimony. Many factors determine how much alimony one party should be awarded to the other, such as length of the marriage, health, work history, and age.

For example, if one spouse is significantly older than the other, then they might get more alimony because they will need it for their retirement. Healthy spouses might not need alimony as much.

Which spouse has custody of the children is also taken into account when deciding alimony. A parent who spends more hours taking care of their child may get less help from an ex-spouse’s support payments than someone with fewer dependents to take care of.

A divorce case can have many different outcomes depending on how much money either party makes, what property they own together or individually, and other factors such as adultery in the relationship, among others. The divorce courts in Florida will also consider how much time a person has spent in the workforce and what their earning potential might be.

Attorney Diaz has served the Tampa area since 1995 and can answer your child support questions, including how to enforce child support. Attorney Diaz practices exclusively in divorce and family law in Florida.

If you would like to discuss the specifics of filing a petition or modifying an order for alimony call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.   For convenience, all consultations are by telephone or video conferencing.

Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.