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Can my husband take half of a accident settlement if he's not even living in the house and hasn't paid a bill in 3 years ?

Pompano Beach, FL |

I pay all the bills even the ones he ran up on his girlfriend How fair is that????

Attorney Answers 5

Posted

The spouse of an injured person in florida has his or her own claim for loss of support,services and consortium. The spouse has no claim for any part of the injured person's recovery unless the spouse paid medical bils,etc. Check with a marital lawyer for confirmation.

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Posted

This is definitely a question for a family lawyer. A personal injury is limited to getting the settlement/recovery.

I wish you the best.

My opinion and position stated above is not determinative of your rights, and you are free to seek other legal opinions. Should you decide to retain a lawyer, you should do so immediately as a statute of limitations may preclude you from bringing a claim in the future. If you are unclear about my opinion or you want to discuss this matter further, please feel free to call me at 305-536-3400.

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2 lawyers agree

Posted

You should discuss this at length with your lawyer.

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Posted

If he was not the injured party, his recovery should be limited, if at all. Your attorney may have to make an application to the court to determine the allocation of the proceeds.

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Posted

If you were the one injured, it is verly unlikely your husband will even get 5% of the settlement. However, if he was the one in the accident, then the situation is different.

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3 comments

Asker

Posted

He was'nt in the car, he was cheating on me and was with her!!!,

Asker

Posted

He was'nt in the car, He wad cheating on me and was with her.

Angelo Marino Jr.

Angelo Marino Jr.

Posted

Well, his claim for loss of consortium is about zero. You may need a judge to determine this.

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