Dividing Personal Injury Settlements in Divorce

Personal injury settlements can contain both marital and non-marital elements, depending on what the funds are compensating.

In *Moss v. Moss*, 853 So. 2d 1037 (Fla. 4th DCA 2003), the court ruled that compensation for lost wages or medical expenses during the marriage was marital, while damages for pain and suffering were non-marital. The key lies in how the settlement is structured and when the injury occurred.

Courts will evaluate whether the settlement replaced income lost during the marriage or served as future compensation. Clear settlement documentation and legal argument are crucial to dividing these funds appropriately.

Tip: If you’re the injured party, protect non-marital portions by itemizing damages in the settlement agreement.

For help navigating this sensitive area, contact Rhoden Law Group at 321-549-3162 or reach out through our online portal.

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