Traffic Accident Settlement and Divorce

[BlissfulMommy]

What is the name of your state? Florida

My STBX husband received a traffic accident settlement a couple of months ago, we are in divorce proceedings, he is in default and I'm waiting for the court to set a date to finalize the divorce. We had this accident about 2.5 years ago when we were still living together. It took this long to settle with the other insurance company. I don't know what the amount of the settlement is, all I know is that he claims that his medical bills were around $12,000 - for MRI's and CAT scans where the doctors didn't find anything wrong with him. All I know is that my ex "staged" the injuries - my 2 children, him and I were in the car and he was the only one who had "injuries" such as whiplash and a spinal cord injury.

The situation was that both, the other driver (who actually ran a red light) and I both got cited for running red lights at a huge intersection - she was going from West to East and I was going North from South - there is no way that could have happened with how the traffic lights are set. All because of another "witness" who said that I had a red light too when the accident happened which I didn't. I didn't get any money for repairs on my vehicle at the time from any of the two insurance companies and had to pay about $2,800 out of my pocket - money I earned while I was working and my STBX was out of work - he was out of work for most of the time of the marriage - he could not hold a job longer than a few months, that's why I left him twice before I finally found the strength to leave him for good. My question is if I am legally entitled to any of that money that my STBX got from the insurance company?

There is another vehicle that we both aquired during the marriage that he sold right before he moved from Florida to California. Am I entitled to half the money that he got for it too?

 

[Ohiogal]

If it is for medical bills/pain and suffering then no you are not.

 

[BlissfulMommy]

If it is for medical bills/pain and suffering then no you are not.

I think that the settlement was for medical bills mostly, I'm not sure though. How about the car that he sold without my consent ? The title was in his name only but we both paid for it when he bought it from his Mom. Isn't that considered marital assets as well ?

Thanks for responding Ohiogal

 

[Ohiogal]

I think that the settlement was for medical bills mostly, I'm not sure though. How about the car that he sold without my consent ? The title was in his name only but we both paid for it when he bought it from his Mom. Isn't that considered marital assets as well ?

Thanks for responding Ohiogal

The insurance pain and suffering and medical bills you get none of. If you had filed a suit for loss of consortium or loss of marital income then that would be different. The replacement of marital income would be marital and the loss of consortium claim would be yours.
Can you prove it was purchased and not a gift strictly to him? It would have been marital property and most courts that I have seen believe that any property sold up to a year before the divorce that is worth any amount of money is marital and can be decided in the divorce.