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What is the law in Florida when you get a divorce is it

What is the law...

What is the law in Florida when you get a divorce is it 50/50 split of all assets earned in the marriage?

Lawyer's Assistant: What steps have been taken? Have any papers been filed in FL family court?

None, My husband was in an accident 9-9-2015

Lawyer's Assistant: Has he talked to a lawyer about this yet?

We are getting a settlement in a couple of days and he does not want to give me any of it, we were not married at the time of the accident, we married because he wanted me to have the money incase something happened to him. Now two and a half years later, he wants a divorcé., and not give me any of it

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3/21/2018
Ely
Ely, Counselor at Law
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

This is Florida Statutes - Chapter 61. And it is not 50/50 per se. Florida is referred to as an "equitable distribution" state, which means the Court will strive to divide it fairly, but this is not 50/50 all the time.

Anything earned in marriage is considered subject to division. An award in an injury is subject to division also EXCEPT the pain and suffering portion which is his alone.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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