Generally speaking, the answer is no. Settlements from personal injuries are the separate property of the injured person. A portion of an award, if itemized to cover lost wages, or if awarded for loss of consortium, may be considered as a marital asset. Rarely is a settlement itemized, breaking down how the total was derived.…
Continue reading ›More often than not, a divorce requires one to re-group and to start fresh. Usually, starting over is on a scaled down, reduced standard of living. No so with Tiger Woods. In spite of the massive financial settlement he recently paid to his wife Elin Nordegren, which was reported to be in excess of $100million,…
Continue reading ›This question frequently arises in the context of a subsequently filed bankruptcy proceeding. Generally, the obligor, or person who is obliged to make the lump sum alimony payment, seeks to have the payment or payments discharged through a bankruptcy proceeding. The resolution of these types of situations is of course dependent upon the intent of…
Continue reading ›Equitable Distribution of marital assets is governed by the provisions of Florida Statute 61.075(1). That section provides that, in distributing marital assets and liabilities, a court “must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors….” What factors then, would…
Continue reading ›Although a dog is viewed as a member of the family, no one in a divorce case is going to end up with custody of the pet. A dog, or any other animal, is considered personal property, and personal property is divided between the parties pursuant to the equitable distribution provisions of Florida law. This…
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