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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.

Holidays can be a difficult time for everyone. If we add the hardships of a break up of a relationship or a recent divorce into the mix, it can be an emotional nightmare to navigate. Remember the end of a relationship even if it was a bad relationship can be similar to a death. Sometimes people are just mourning the end of the relationship not necessarily the end of a relationship with a particular person. When everyone around you seems to be enjoying and basking in the holiday glow, and there is pressure to be joyous and grateful, grief can strike harder than usual. Here is how to survive the holiday season during a relationship breakup or divorce:

Take It One Day at a Time
Even though you might want to plan when it comes to the holidays, it is important to take those plans one day at a time. Break things down. You will not be able to adjust to your new life in a day, or a week, or even a month. It is perfectly natural to struggle with change, especially one so substantial such as the end of relationship or a divorce. Do not be too hard on yourself. Rely on your support system to carry you through the holiday season, and you will feel a lot better when it’s over.

Anticipate Problems
There might be divorce-related problems that will seem more aggravating by the holiday season, such as money or timesharing if there are children involved. If you have gone from two incomes to one, you might experience some financial difficulties, especially during Christmas time because of the pressure to buy gifts. Your family and friends are likely to be understanding if you cannot afford to go into debt to buy gifts.

Additionally, timesharing is something you will have to consider. If the children are with you during the holidays, think about the other parent in that situation. Consider letting the children call your ex-spouse or buy them a gift. Ultimately, it is in the child’s best interests to not feel like they have lost one of their parents with the divorce. It is never pleasant spending holidays alone, and it might be a good practice to treat your former spouse the way you would want to be treated.

Create an Agenda
Having a plan for all the activities and tasks you want to accomplish for the holiday season can be helpful. Do not put a lot of pressure on yourself. Try to let go of stress. Review what you want to accomplish and remove things that you really do not want to do. What is important? Time is one of the greatest gifts that you can give someone.

Make New Traditions
Perhaps the most challenging aspect of the holidays are the traditions you took part in as a family. After the breakup, the family unit doesn’t exist as it once did — but this gives you an opportunity to create new traditions with those that remain. Ask your children for input on what they would like to do for the holidays from now on and reassure them that the holidays can still be fun and heartwarming.

Replace Guilt with Taking Care of Yourself
Going through a divorce is challenging, so it’s imperative to take care of yourself. Try to avoid isolating yourself and spend some time with people you love. Let go of any guilt you may feel, whatever its cause may be. If you are feeling happy despite the circumstances, don’t fight it; if you’re feeling down, do something that improves your mood.

Holidays can make a problematic divorce worse, but they can also make it better. If you stay as positive as you can with the support of your extended family and friends, you can forge new traditions and pave the way to happier times.

Know your rights. To discuss divorce or other family law matters call 727-846-1802.

Written by Debora A. Diaz, Esq.