Are Personal Injury Awards Marital Assets in Florida?
Can your spouse claim part of your personal injury settlement during a Florida divorce?
Many people assume the answer depends on whether the money was kept in a separate account. In reality, Florida law focuses on something much more important: what the settlement was intended to replace.
Learn how Florida courts classify personal injury awards, why commingling is only part of the analysis, and what documentation can make a difference when equitable distribution is at issue.
Civil Judgments and Divorce in Florida
If a personal injury settlement or workers’ compensation claim overlaps with divorce, Florida courts do not automatically split it in half. This article explains how civil recoveries may be classified as marital or nonmarital, how commingling can affect asset division, and when those funds may impact alimony or child support.
Fair Does Not Always Mean Half in Florida Divorce
Florida divorce courts start with the premise that marital property should be divided equally, but the law allows judges to order an unequal division when certain statutory factors apply. This equitable distribution framework, governed by Fla. Stat. § 61.075, focuses on fairness based on the evidence, not a guaranteed 50/50 split.