You were hurt in a crash while married, you recover money, then the marriage ends. Does that settlement get split, or can you keep it? The answer depends on what the money pays for and how it was handled after it hit your account.
At Zweben Law Group, personal injury is all we do, and we have stood up for injured people for more than 25 years. We know how settlements are built and how Florida divorce courts look at them. In this article, we break down how Florida treats personal injury settlements in a divorce, and what you can do to protect your recovery.
Personal Injury Settlements: Separate or Marital Property?
Florida uses equitable distribution under Florida Statutes section 61.075, which means assets are split fairly, not always equally. Personal injury settlements can be separate property, especially pieces tied to the injured person’s pain or future needs. That said, parts that replace marital earnings or repay marital bills can be treated as marital property.
Courts also look at when the cause of action arose, meaning when the injury happened. If you were hurt before the wedding, most or all of the recovery often stays separate. If the injury happened while married, classification turns on the type of damages and how the funds were used.
How Courts Classify Personal Injury Settlement Components
Settlements often contain different buckets of damages. Each bucket can be labeled marital or separate based on what it covers and when the loss occurred.
Economic Damages
Economic damages pay for money losses such as medical bills, lost wages, and property repairs. When those bills or lost pay relate to time while married, courts can treat that slice as marital property. The logic is simple: the settlement replaces income or savings that belonged to the marriage.
If the award covers future expenses after the divorce, that piece often stays with the injured spouse. Careful documentation can help prove the purpose of each dollar. Clear language in the settlement release also helps.
Non-Economic Damages
Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. Florida courts usually treat these personal harms as separate from the injured spouse. These losses are personal to the body and mind, so they generally are not divided.
Loss of consortium belongs to the uninjured spouse, not the injured one. If part of the settlement was paid for the consortium, that can be separate from the spouse who suffered that loss. The paperwork should show who received it.
Punitive Damages
Punitive damages punish bad conduct rather than compensate for losses. In Florida, that kind of money is usually separate property. It does not replace wages or pay medical bills, so it rarely gets split.
As you read through your settlement paperwork, you might notice labels for each category. Those labels can guide courts, yet judges also look at evidence such as medical records and pay stubs.
Table: Florida Treatment of Personal Injury Settlement Components
| Component | What It Covers | Marital or Separate | Notes |
| Medical bills paid with joint funds | Reimbursement for hospital, therapy, and medication has already been paid | Often marital | Repays money that came from joint accounts or marital insurance costs |
| Future medical care | Surgeries, treatment, and rehab after the divorce | Often separate | Tied to the injured spouse’s future needs |
| Lost wages while married | The household would have received | Often marital | Replaces earnings that supported the marriage |
| Future lost earning capacity | Reduced income after the marriage ends | Often separate | Linked to post-divorce loss for the injured spouse |
| Pain and suffering | Physical pain, mental anguish, loss of enjoyment | Generally separate | Personal to the injured spouse |
| Loss of consortium | Loss of companionship for the uninjured spouse | Separate from the uninjured spouse | Often paid as a distinct line item |
| Punitive damages | Punishment for wrongful conduct | Generally separate | Not tied to compensation |
Labels in a release are helpful, yet they are not the only thing courts review. Back up those labels with records that show what the money was meant to fix.
Commingling and Its Impact on Settlement Classification
Commingling happens when separate funds get mixed with marital funds. Once mixed, it can be hard to prove what dollars are separate, and some or all of the money can be treated as marital property. This can happen fast, and it can happen without anyone trying to game the system.
Examples include depositing the settlement into a joint account or using it to pay joint mortgage payments. Paying household credit cards or taking joint trips with settlement money can also blur the lines. If tracing becomes messy, courts can view the funds as part of the marital pot.
● Keep settlement money in a separate bank account in your name only.
● Avoid using settlement funds for household bills or joint purchases.
● Save proof that tracks how every withdrawal relates to your personal needs.
Small steps like these help preserve the character of the funds. If you slip once, talk to counsel quickly to limit the fallout.
Prenuptial and Postnuptial Agreements
Couples can decide in advance how a personal injury settlement will be handled if a marriage ends. Florida recognizes prenuptial agreements under section 61.079, and courts also enforce fair postnuptial contracts. Clear language can say that pain and suffering, future medical care, and future lost earning capacity will stay separate.
These contracts can also spell out how reimbursement for medical bills or lost wages will be handled. The clearer the terms, the less room for a fight later. Work with counsel on both sides to keep the agreement enforceable.
Steps to Protect Your Personal Injury Settlement During a Divorce
If divorce is on the horizon, a few careful moves can help protect your settlement. The main goal is to keep the funds traceable and separate. Simple, steady habits go a long way.
- Open a separate account and deposit settlement checks there, not in a joint account.
- Use the funds only for your injury-related needs, such as treatment or assistive devices.
- Save every receipt and bank statement, and keep a short note explaining each expense.
- Ask the insurer or defendant to break out damages by category in the release and the check stub.
- Pause before moving money between accounts, even for a day, since transfers can muddy tracing.
Strong records can show a judge what money was meant to replace. If you need to reimburse the marriage for bills paid with joint funds, do it in a clean, well-documented way.
You also benefit from early guidance from a family law attorney who understands equitable distribution. That lawyer can coordinate with your injury lawyer at Zweben Law Group, so the release language and payment structure match your goals. One team, a clear plan, fewer headaches.
● Ask for a settlement breakdown that lists each damage category and dollar amount.
● Keep medical and wage records that match the breakdown, such as pay stubs and EOBs.
● If a structured settlement fits your needs, document that it serves future personal care.
These steps help courts see the purpose of the funds, which support the separate classification of personal components. A little extra care now can save a lot of stress later.
Have Questions About Your Personal Injury Settlement? Contact Us Today!
Zweben Law Group has fought for injured people across Florida since 2001. We work to recover full compensation and to protect it when life shifts. If you have questions about how a settlement could be treated in a divorce, we are ready to talk through your options. Feel free to call us at 772-223-5454 or reach us through our Contact Us page. We welcome your questions and will walk you through the next smart move. Our team is committed to strong results and clear communication from start to finish.
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