Can Your Spouse Claim Your Injury Settlement?

Personal injury settlements in Florida are not treated like ordinary income or shared marital assets. Instead, courts recognize that these settlements are meant to compensate an individual for personal harm—such as physical pain, emotional distress, and long-term health impacts. Because of this, many parts of a personal injury settlement are considered separate (non-marital) property.

For example, compensation for pain and suffering, future medical care, or reduced ability to earn income is typically tied to the injured person alone. These damages are meant to restore what that individual has lost, not to benefit the marriage as a whole.

However, the situation becomes more complex when certain portions of the settlement overlap with the marriage. In Florida, courts use an “analytical approach,” meaning they look closely at what each part of the settlement is meant to cover.

Here are some situations where a spouse may have a claim:

• Lost wages during the marriage: If part of the settlement replaces income that would have been earned while married, that portion may be considered marital property.

• Medical expenses paid with shared funds: If marital money was used to cover treatment, reimbursement for those costs could be shared.

• Commingling of funds: Mixing settlement money with joint accounts or using it for shared expenses—like paying off joint debt or improving the family home—can turn separate property into marital property.

• Lack of documentation: Without clear records showing how the settlement is divided (e.g., pain and suffering vs. lost wages), courts may treat more of it as marital property.

Structured settlements—those paid over time—can add another layer of complexity. Payments received during the marriage may be treated differently from those intended for future losses after a divorce.

The key takeaway is that while personal injury settlements are often separate property, how the money is handled matters. Careful planning, clear documentation, and avoiding commingling can help protect your settlement.

If you’re dealing with a personal injury settlement during a divorce, it’s important to understand your rights and how Florida law may apply to your specific situation.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.

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