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Florida Law - Personal Injury Money received on account of a personal injury may be a marital asset, subject to division, in Florida. This is because it falls under the definition of a marital asset as an asset, other than a nonmarital gift or inheritance, acquired during the marriage by either or both spouses. If the injury occurs during the marriage but the cash is received after the marriage, it is still a marital asset. Section 61.075(5). Cases: Childers (1994) 640 So2d 108 (parties brought a medical malpractice lawsuit for the death of their two-month-old child; wife might have been negligent in the situation; court holds that an award to the estate of the child, or to husband-and-wife is marital property and should be divided 50/50; but an award specifically directed to husband, or to wife, is separate property). Kremer (1992) 595 So2d 214 (proceeds from an automobile accident occurring on or just before the parties separated should remain with the injured party).
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