Tips for Dealing with Divorce During the Holidays

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Despite all the hoopla about the joy of the holidays, they can be incredibly stressful if your family unit is not intact. A divorce will definitely do that.

You will not see marriage and children through the same lens as before, and the holidays bring out the difficulties emotionally and logistically.

If your children are young and still not fully able to make decisions about family life, the holidays may mean you have to insist on your time, even though it disrupts the flow for the children.

There are some things you can do to get through the holidays with a little less stress:

Self-Care Comes First

Some of us tend to overdo it during the holidays. Drinking too much and eating lots of sugary food may be things you don’t normally do, and that can throw off your generally healthy routine.

Be careful of the excess, and make sure you sleep well. You will be more able to deal with upcoming stresses if you feel well.

Socialize

You may feel stressed knowing you will have to talk to many people you don’t usually visit. Maybe it’s a relative you don’t particularly like or a neighbor with whom you are supposed to be friendly, but you would rather not talk to them.

If you put yourself out emotionally and socialize, you may find the rewards exceed your expectations, and you form bonds with friends and family. This, in turn, will make you feel better overall and, at the very least, less lonely during a time you are going through a divorce.

Be Willing to Change Plans

If you share the kids during the holidays and don’t get the exact time you planned to be with your family and kids, go ahead and be flexible. It’s not the end of the world if you celebrate Thanksgiving on Saturday rather than Thursday. Besides, there may be less traffic in your area, and your kids will likely be able to spend time with their friends, which is their routine, lessening their stress too.

It’s not time to insist that you always get your way. A divorce disrupts the entire family unit, which comprises individuals – it’s not just about you. Be generous with your time and flexible with holiday schedules, and you may find it comes back to you in surprisingly positive ways.

Embrace the Positive

It’s easy to wallow that things will not be the same as when you were married, but isn’t that the point? You do not want to raise your children in an atmosphere where parents are in conflict with each other.

You got divorced for a reason, and the future will be better for you as an individual and for the children. Embrace how much better it will be for the children. Begin new holiday traditions in the spirit of a better future.  

Make plans with the goal of keeping the kids happy with the least amount of disruption in their lives. This will involve working cooperatively and without animosity with your ex.

Whether you are sharing kids during the holiday or choosing alternate holidays – one house for Thanksgiving, the other for Christmas – the kids will appreciate that their parents are working cooperatively to create a new plan.

Your Florida Family Law Attorney

Crystal Collins Spencer focuses her family law practice on the communities she calls home, from Pensacola to Fort Walton Beach, Destin, and Sandestin to Rosemary Beach and Panama City.

The holidays are never an ideal time to consider divorce, but no one thinks they will face divorce when they marry. Then life happens.

If you need some direction before you file, or if child support, spousal support, or property division now seem like they will be roadblocks to divorce, Crystal Collins Spencer, Attorney at Law, has more than 30 years of experience dedicating her practice to these challenges.

You are in the process of making decisions that will impact the rest of your life, and it may be a time when you cannot trust your spouse to be entirely honest. You want to be prepared as much as possible before facing a judge who will make your divorce final.

Spencer Law will ensure you receive thorough representation in all areas. Call our Pensacola office to set up a consultation with Ms. Spencer and her team at (850) 795-4910 or contact us online.

Helpful Tips for Working Divorced Single Parents

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In the 1950s, the nuclear family consisted of mom and dad, their children, Dick and Jane, and their pets. Few families today bear any resemblance to those of seventy years ago.

Today, nearly 24 million kids live in a family with only one parent, according to the Annie E. Casey Foundation. Some parents choose to remain single rather than marry, and others are divorced and have custody of their children. Adoption by a single parent is increasingly common for those who have not found their partner.

The research and philanthropy group breaks down the numbers further – among single-family households, about 15 million live in a mother-only home. In contrast, three to four million kids live in a father-only house.

White, Asian, and Pacific Islander kids are among the least likely demographic to live in a single-parent home, while Black and American Indian kids are more likely to fit this demographic. Latino families represent about 40% of kids living in single-parent families.

Regardless of the race or gender of their parent, most of these kids live in a household where the single parent must work to avoid joining the ranks of the 30% of single-parent families who live in poverty.  

Making Single Parenting Work

Being a single mom or dad means you have responsibility for your children all day and night. In order to work, childcare will become a necessity. Some parents opt for daycare outside the home, while others, who can afford it, may choose a stay-at-home nanny for their children.

Single parents may qualify for grants for low-cost housing and food allowances or to return to school. Make sure you explore programs that may be available in your area.

Another option is working for a company that offers on-site daycare for employees. Single parents may:

  • Find a Parent-Friendly Company – This type of company prioritizes parenting, and the rewards extend to the parent and child and the company by producing a happier worker. For many, this is ideal because you can check in with your youngster during the day.
  • Organize – Not everything will get done, so list your priorities. Maybe a clean home isn’t as crucial as preparing wholesome food for your children. Realize you can’t do everything and take care of your own health at the same time. Being organized makes you feel more in control and prepared for the day ahead.
  • Delivered Groceries – If you are organized enough to know what you want to feed your family in the upcoming week, a grocery delivery service saves time shopping. You can even take advantage of items on sale by shopping online—one more item to cross off your to-do list daily.
  • Moms/ Dads Group – You are not alone in this journey, and you can safely assume other single parents are trying to be the best parents they can be. Find these folks through online groups or by asking your neighbors. Maybe there are other single parents with kids in the same afterschool team whom you can rely on to carpool. In exchange, you will take their children to the same event another day.

There is a great sense of relief when you can call on a neighbor to step in if you are late or stuck in traffic.
Family and friends should round out the support group as you juggle the responsibilities of life. You can bet on it that children will get sick and need to be picked up while you are at work. Make sure there are others whom you can count on for support.

You may also rely on your older children or neighborhood teenagers to help you with chores. They will appreciate making some money and will grow from the responsibility.

Finally, to be successful as a single parent, establishing and sticking to boundaries will serve as a guide when the requirements of home and work clash.

Your Florida Family Lawyer

Pensacola-based Crystal Collins Spencer, Attorney at Law, is experienced in all phases of divorce, settlements, and negotiating the most favorable financial outcome for your new life as a single parent. She practices in the Florida Gulf Coast from Pensacola to Sandestin, and Fort Walton Beach, and is available for a conversation about your future at (850) 795-4910.

Sources:

Annie E. Casey Foundation
https://www.aecf.org/blog/child-well-being-in-single-parent-families?gclid=CjwKCAjw-L-ZBhB4EiwA76YzOe4C9s5nS1X3m5JsYu8pcBzMRbnDpOwYNdlpJf2n3gQPegESOwR5ZxoCJ2AQAvD_BwE

Swirlster
https://swirlster.ndtv.com/wellness-mother/single-working-moms-ease-the-load-with-these-time-management-tips-2257735

SunSentinel
https://www.sun-sentinel.com/entertainment/sfp-survival-tips-for-single-working-parents-2014-story.html

Adopted Children Might Need Extra Support During a Florida Divorce

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Planning for a family might include adopting children if biological children are not possible. No matter how many children or where they come from, your plans for the perfect family fall apart when a divorce is looming.

In that case, treating adopted children like biological children is essential. They are likely sensitive to the fact they are adopted and may feel different from biological children in the family when you announce that you plan to divorce. You will not want to do anything that might make them feel estranged or unwanted.

Some adopted children experienced trauma and a lack of stability during their early years. Divorcing parents can unleash those memories and recreate trauma in the adopted child.

If a child was older when they were adopted or spent some time in foster care or a group home, they might have experienced some degree of abandonment. The child might benefit from additional counseling to help ease this transition.

Each parent needs to let the adopted and biological children know they are there for them, even though the couple will no longer be married. In other words, the parent is not divorcing the child, just the spouse.

Florida Divorce Basics

Like any Florida divorce, you must come up with a child custody agreement which should include:

  • Where the child lives
  • What percentage of time does each parent have
  • Who makes primary decisions about education, extracurricular activities, and medical care
  • How to divide the cost of caring for the child and their activities

If you and your soon-to-be-ex disagree on the above, the court may have to step in and decide for the family. In this case, both spouses will likely be unhappy with any imposed arrangement.

That’s why it is always best to put your disagreement aside and come up with some form of a parenting plan, even if it means you do not get everything you want.

Family law attorney Crystal Collins Spencer will suggest you enter into mediation to finalize the terms of any custody agreement. You both have the best understanding of what is best for your family dynamics.

Encourage your adopted child to share whatever they feel about the divorce. Because they entered the family differently from the biological child, they may be reserved about sharing. It’s encouraged that you be extra sensitive to their feelings.

Stability and Structure are Important for Adopted Children

Attorney Crystal Collins Spencer reminds you that both parents need to be in sync about structure and rules during this stressful time.

Let the adopted child know how much you love them and that a change in living arrangements does not mean that the established rules will change. Both parents should agree that the expectations they set as a couple will continue even as the living arrangement does not.

Structure in the home is often very good for children with an unstable past, so let the child know what you expect so nothing is left to chance.

No matter what the former couple does not agree on, maintaining a similar routine in both homes will make the divorce less traumatic for all children.

Your Florida Family Lawyer

Parents who stay involved in their children’s lives, whether adopted or biological, ultimately work in the child’s best interest.

If you have questions about your impending divorce and do not want to have regrets, Crystal Collins Spencer can help you with your questions, just as she has helped thousands of divorcing couples in her decades of experience as a family law specialist.

Call the Spencer Law Group in Pensacola at (850) 795-4910 to discuss your family’s workable parenting plan and ensure you have the assets you will need in the future.

If it is impossible to make a parenting plan with your ex, Ms. Spencer has the expertise to establish that the children have the advantages they deserve, even if each parent cannot or should not be present.

Each parent still has the legal duty to care for the child, no matter their marital status. Let us be your ally during this difficult time to make sure the decisions ahead take everyone’s welfare into account.

Can I Move Out of the Area with My Child after a Florida Divorce?

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Moving a child out of state after your Florida divorce is not a simple thing. You must consider the ex-partner who is still an equal parent to the child. Your divorce did not change that fact.

Even if you are the custodial parent and must relocate for a job, a Florida judge will balance your right to move for employment with the ongoing opportunities of the parent left behind to continue meaningful contact with the child or children.

It is generally assumed that if both parents are healthy and have a good influence on the child, it is in the child’s best interest to continue seeing both parents with as little disruption as possible.

Crystal Collins Spencer can play an essential role as an advisor when the important co-parenting decision becomes complicated. She can be reached at her Pensacola office at (850) 795-4910.  

Filing a Petition to Relocate

Relocation can be as far away as 50 miles for as little as 60 days or longer, as long as it is not a vacation. It is always preferable if the parents agree on a new parenting plan. If that is the case, they must create a new agreement that dictates the terms of the move and the custody responsibilities.

If the former couple agrees, they will have to include in the agreement:

  • How to handle transportation of the child and the costs associated
  • What the time-sharing schedule will look like in the future for both parents
  • It will have to be signed by both parents in agreement without any undue pressure

This agreement must be filed with the court along with a request that it is ratified or approved without holding a formal hearing.

What if the Parents are not in agreement?

Things are much more complicated if the parents are in conflict over one moving out of state with the child. In this case, the one proposing the move must file a petition with the court to relocate. That will be served on the other parent, and it must include:

  • The new proposed home, location, address, and phone
  • The reason for the relocation and the proposed date
  • Any job offer in writing that necessitates the move
  • A proposed visitation schedule in the future
  • A plan on how transportation will be carried out and the costs associated

Your Florida family law attorney can help you prepare the response, especially if you have reasons to object to the move and can clearly state how it will impact the child’s life. The parent who is not moving has 20 days to respond. With no response, the court can decide.

If one parent chooses to relocate with the child without obtaining a written plan, they can be found in contempt of court. That may mean attorneys’ fees, sanctions, or an order to return the child.

The court’s goal is to protect the custodial rights of both parents regardless of any external circumstance.

Moving With a Child

It can become a complex decision to move a child with a parent seeking employment in a new location following a Florida divorce.

While traditionally, it was assumed the mother should retain children during their ‘tender years”, Florida courts have set that assumption aside in favor of both parents having frequent and continuing contact with the child following a divorce.

The court will consider a host of factors putting the child first and their need for both responsible parents to be part of their life, for example:

  • The age of the child and their current needs
  • The relationship the child has with each parent
  • The ability to maintain that relationship with distance
  • What the child prefers
  • Whether the move will improve the life of the child
  • Financial considerations impacting the child, moving versus staying
  • Is there good faith between the parents?
  • Is there a history of drug or alcohol use or abuse?
  • Is there any undue influence on the party who plans on moving?

In this scenario, a hearing will be scheduled within 30 days or a trial within 90 days.

Your Florida Family Law Attorney

Preparing for your future following a Florida divorce is a high priority for attorney Crystal Collins Spencer. She has decades of experience helping parents create a workable plan and maintaining the rights and responsibilities of each parent.  

Call the Spencer Law Group today at our Pensacola, Florida office (850) 795-4910 to set up a personalized consultation to discuss your case.

Sources:

Nolo
https://www.divorcenet.com/resources/child-custody-and-relocation-laws-florida.html

How Are Digital Assets Divided During a Florida Divorce?

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A divorce means dividing homes, dividing lives, and dividing assets. We all understand things of value, including real estate, bank accounts, property, cars, art, pensions, and investment funds.

But as the world has gone online, there is a full array of valuables you may not have considered. They are digital assets, but they may have a substantial tangible or sentimental value to you.

It is important not to leave digital assets out of your divorce plan.

Digital Assets

Over the years, you have you collected pictures of your family vacations online? Do you store them on a cloud or a computer? Does the camera in your smartphone automatically upload to a cloud?

These memories are not replaceable and may hold great value to you.

Besides digital assets with sentimental value, many of your most important financial assets may be online.

For example:

  • A website – Do you have a business attached to a website that generates traffic and income? A website is the digital equivalent of a business calling card and may represent a substantial online income.
  • An Etsy storefront or eBay presence – Some people turn to the web to sell their products. It may be one supported by the platform, but the visitors you have generated over the years represent an asset. You have created a presence and brand that brings value to your bank account.
  • Social media accounts – Not just for selfies, your online presence may represent a form of income through your efforts as a social media promoter or influencer.
  • Email Accounts – You may have amassed a listing of people interested in you, your work, or your products. You need to stay in touch with them to keep your business healthy. If you use AWeber or Mail Chimp to grow and market your business, that list has value both now and in the future.
  • Cryptocurrency – Currency has gone online as well. Bitcoin, Ethereum, and Binance Coins are volatile digital assets that may hold a significant monetary value.
  • Investments – Your investments, stocks, bonds, mutual funds, and retirement funds may live online and create an extensive digital asset portfolio that represents value. 
  • Streaming media – You have paid for a subscription to streaming movie services and paid memberships for some sites such as online gaming. You may have amassed a digital music library, books, and even frequent flyer miles.

It’s easy to overlook the value of these assets to you, but they may represent thousands of dollars of value and are not to be forgotten in your Florida divorce.

A Negotiated Divorce Settlement

To divide property in a Florida divorce, both parties must disclose their assets, and their value needs to be determined. Each individual must create an inventory of the assets accumulated during the marriage.

Digital assets in cryptocurrency are a relatively new topic in the law. Cryptocurrency should be considered a financial asset similar to a stock or mutual fund, especially if they were purchased with joint funds. Since the value of cryptocurrency is subject to wild fluctuations, it may need to be liquidated to determine a fair market value that can be divided.  

You will need to determine how much you value each digital asset, now and in the future. The assets will be divided equitably through negotiations between the partners and their legal representatives. In some cases, it may be challenging to split online assets. In other cases, things may be able to be worked out more smoothly. Your experienced family law attorney can help you negotiate the items to be divided after their value is assessed. 

How Do I Divorce My Military Spouse Who is Stationed Overseas?

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Divorce is always a difficult decision for a couple, but it is compounded when one is serving in the military, especially if they are overseas. You will have to navigate several different areas, including the division of the retirement benefits, jurisdiction, child custody and support, and health benefits.

Crystal Collins Spencer has more than three decades of experience dealing with divorce and will evaluate all options when it comes to divorcing your military spouse who is stationed overseas.

A Military Spouse Divorce

Jurisdiction – The U.S. court may not recognize a divorce filed overseas, so it’s best to file domestically.

There must be some substantial connection for the Florida courts to apply its rules to your divorce, particularly in the area of alimony, child custody, and asset distribution.

Florida requires one or both of the spouses reside in Florida for a term of at least six months. You should own property in the chosen state, one of you should have a permanent residency, or you may have spent the most time there as husband and wife. Your choice of state may depend on where the service member is currently stationed.

Support – Spousal support amount may depend on whether your spouse is receiving off-duty versus active-duty pay. If your spouse deploys regularly, the average yearly salary may be used to calculate alimony and/or child support.

Health insurance for the children should continue to be provided by the military member. If the service member has been in the military for at least 20 years, the health benefits are lifelong. If the marriage lasted less than 20 years, those full benefits might be available for a limited time or until a new military health policy is purchased.

A negotiated Marital Settlement Agreement will specify who receives survivor benefits, which provide a monthly payment or annuity to replace the retirement income upon death.

Any alimony will be negotiated depending on whether one party gave up a career for the other, particularly if the marriage lasted more than seven years. Even a marriage lasting less can entitle the other spouse to alimony if the marriage impacted their life choices and/or career.

Child Custody – A PCS or Permanent Change of Station is standard during military service, and often you do not get to choose where you will be stationed. This change may severely impact the time you spend with your children unless you plan on taking them with you. The parent relocating has the burden of proof to convince the court that the move is in the children’s best interest.

The other side must prove by the preponderance of the evidence that not moving is in the children’s best interest.

A Florida court must hear the requests within 30 days of filing, but a postponement or stay of administrative proceedings can occur if the service member cannot attend.

Retirement Benefits – If you are married to a military spouse, you must be married for a minimum of 10 years. The military spouse should have served no less than ten years to receive retirement pay directly from the military.

Less than ten years, the nonmilitary party can receive half of the existing pension. Your military spouse will be required to pay some portion of his military retirement benefits to you, with the court overseeing the plan for direct payments.

The length of the marriage will determine how much you can receive. The longer the marriage and the service, the better the benefits for the divorcing nonmilitary spouse.

Do not forget that assets in the Thrift Savings Plan (TSP) will need to be divided if the spouse qualifies.

A former spouse may also be eligible to receive Tricare medical coverage if the service member was enrolled for at least 20 years or the marriage overlapped the service period by at least 15 years.

Your Pensacola, FL Family Law Attorney

Crystal Collins Spences has three decades of experience and understands the area of military divorces. Ms. Spencer can advise you of your rights and strategize your alternatives during your divorce. During this difficult time, we will review your case to uncover how best we can serve your interests and that of your children. Call our Pensacola office at (850) 795-4910 to begin the conversation.

Determining Parent Visitation Outside the Courtroom

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In the case of divorcing spouses with a child or children, the children’s best interest should always prevail. That is the stated goal under Florida law, and ideally, the parents work together to develop a plan in the best interest of their children. With a parenting plan, the judge does not have to intervene to impose a plan that may not work for one or both parents; the judge only needs to approve it.

It is far preferable that the parents agree and work out a parenting plan because they know their child better than the court. The parenting plan should address how the former couple divides responsibilities over the children.

Florida Parenting Plans

The parenting plan specifies how responsibilities will be shared, such as healthcare care, extra-curricular activities, vacation decisions, and the visitation and living arrangement.

Any plan agreed upon must be detailed to leave nothing to chance.

Some of the areas of the agreement should include:

  • Which is the primary residence, or does the child live in two homes?
  • Who is the primary decision-maker when it comes to education, vacations, and extra-curricular activities?
  • A time-sharing plan to outline when the child spends time with each parent
  • What religion the child will follow, his diet, medications, and medical care need to be part of the agreement

Primary Residential Parent
There is a lot that separated parents can do to benefit their children. The former spouses should try and maintain a sense of connectedness, no matter how difficult that is. Flexibility and respect might be two goals in maintaining a sense of family union, despite the divorce.

Your parenting plan has determined the primary residential parent – that is – the place where children spend most of their time. Former spouses may have agreed to a time-sharing agreement.

Some things parents can do in the best interest of their children:

Security – Making your child feel loved and wanted should be the goal of both parents, so the child feels secure. That takes some work on the part of the parents. For example, refrain from saying anything bad about the other spouse. Even if you are talking to someone else, your child may be able to hear you, and criticism directed at one parent can undermine a child’s confidence.

Kids Need to Know – That it’s okay to love both parents. Make sure you do not compete with the former spouse regarding money, spending, trips. Do not question your child’s loyalty. Compliment the other spouse and be a cheerleader for their parenting.  Consistency will be necessary, as displayed by both parents toward the child. Be on time for any arrangements.

Be Flexible – Most plans go awry at some time or another. Your child will be less stressed if you are flexible and smoothly switch to a Plan B from time to time. Flexibility doesn’t mean you don’t plan, however. Be sure to keep a routine and a checklist of items that will go with your child when they move to activities or the other home.

Show Respect – Keep the other parent informed if a new babysitter or a new romantic partner is in the mix. Each parent needs to know where the child is during a visitation. Provide that parent with phone numbers and the names of friends. Homework assignments, books, clothing tickets personal effects should be part of the visitation, and it’s the primary parent’s responsibility to ensure the child visits with everything they require.

Mothers and fathers are given equal weight when it comes to child custody; however, the Florida Bar reports that mothers receive primary custody in about 90 percent of divorce cases. However, there are always exceptions, especially if there are neglect, abuse, addiction, or abandonment issues from the past.

Your Florida Family Law Attorney

Most often, divorce is not totally amicable, and Florida divorce law can be complicated. Complications can arise, such as enforcing custody when one of the parents wants to move to another state. Parents can use the children to spy on each other or make them feel guilty about being in the other home. One parent may indulge the children in buying their love.

It is time for both sides to put their children first. In a contested divorce with unresolved child custody issues, Crystal Collins Spencer has decades of experience guiding her clients to the best decision for the former spouse and her children. You do not want to make any mistakes during your divorce because they may be difficult to undo. Additionally, family circumstances may change while the children are still minors, and you may need to modify the parenting plan. 

Reach out to Crystal Collins Spencer at her Pensacola office at 850-795-4910. She also represents divorcing spouses in Sandestin and Fort Walton Beach. 

Sources:

6th Judicial
https://www.jud6.org/ContactInformation/familyLaw/Visitation%20Dos%20and%20Don’ts.pdf

Fl courts
https://www.flcourts.org/content/download/216000/file/Floridas_Dependency_Benchbook_FamilyTimeVisitationProtocols.pdf

Advice for Stay-At-Home Moms During a Divorce

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Unfortunately, some marriages become untenable and divorce is the only alternative. This can be a frightening time especially if the woman has decided to be a stay-at-home mom to put quality time into raising the children.

This is when she needs to understand the family finances. How many credit cards does the family have and what are their interest rates? Is debt under control? What are the monthly expenses versus income? Where can one budget and what is your house worth? What is the interest rate and whose name is on the deed?

When facing a divorce, if the stay-at-home mom doesn’t understand the basics of her family’s finances, she needs to learn these things quickly.

Unless she has unlimited funds to tap into, she may have to face going back into the job force. This may not be fair. When she got married, her husband wanted her to give up her career to stay home with the kids.

Finances

You will be facing a new reality and a new budget, but you are also going to receive some assets from the working husband.

Under Florida law, there should be a fair and equitable division of the property. It may not be 50/50. In some cases, property may take the place of cash. If you have made a substantial contribution to the marriage and are not responsible for unreasonable debt, then expect to receive some of the assets of the marriage in exchange for the contribution of taking care of children.

It is vital to have an experienced family law attorney to determine what you are due. Divorce is hard enough. It is not a time to make mistakes that may cost your financial future.  

Become Financially Savvy – Learn everything you can about finances and how much you need every month, preferably down to the last penny.  Determine how much money you gave up in staying home with the kids. Consider the assets that are often overlooked such as retirement funds and a pension that helped pave the way for a secure future. Collect all documents you will need to prepare for divorce. That may include credit cards, your mortgage, car ownership, information on debt, insurance.

Child Support and Alimony – Child support and alimony are the most common forms of compensation going to a stay-at-home mom.  Child support will cover his share of the cost of raising children. Alimony should compensate you for your role as a mom or as rehabilitative alimony so you can receive job training for your future.  Child care will be needed if you are going back to school.

Selling Assets – A harsh reality is that selling the house, your largest asset, may be necessary as the marriage ends.  This is most unfortunate because children need some stability during this tumultuous time, but it may not be practical to keep the home.  Adjustments in this area may not be all bad, however.

If you are keeping the house, make sure you can afford the taxes, and maintenance. Balance the house expense with necessities such as food, transportation, childcare. Another option might be to sell the house and receive your portion of the cash. This allows you to find a more appropriate place to live. Children can have the new adventure of choosing their rooms and meeting new friends. Much of what they perceive will be directed by how you are handling the divorce.

Finding a Job – There are many women online who have figured out how to raise their kids at home and run a business. Look into stay-at-home-mom online businesses that you might be able to get into. Talk to a career coach who is up to date with home-based business opportunities.

Your Experienced Florida Family Law Attorney

Crystal Collins Spencer is a skilled Florida family law attorney who has advocated for many women facing divorce and an uncertain financial future.

If you need representation in Pensacola, Sandestin, or Fort Walton Beach, Crystal will be by your side to advise you on the division of property that protects you and your children during a difficult divorce.  Reach out to our Pensacola office at 850-795-4910 to begin the conversation. 

Is a Personal injury Settlement Part of Marital Property During a Divorce?

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It’s one of the first questions someone involved in a personal injury case has when they are divorcing – will the proceeds have to be divided with my divorcing spouse? It’s a good question and there are a number of answers. In short, it all depends.  

Crystal Collins Spencer can answer your questions in a personal or remote consultation. One conversation can make a tremendous difference in the outcome of your divorce, and in the direction that you take to protect your assets.

Divorce in Florida

Florida is an equitable distribution state. That means any division of assets does not have to be equal, but the distribution does have to reflect the degree of contribution to a marriage.

In other words, the nonworking spouse has made a valuable contribution to the marriage in childcare, for example, so that will be considered in lieu of a salary.

The court makes decisions about equitable distribution unless the partners make the decision for themselves.

Marital Property

All assets brought into the marriage are considered to be “marital property,” but there are exceptions. In the case of inherited wealth, directed to one spouse, and deposited in that person’s bank account, that spouse alone would usually receive those assets.

Personal property attained before the marriage and in one name will generally remain that individual’s possession. In the case of a personal injury settlement, the monies can be substantial. 

In the case of a car accident, not only was your car destroyed but you have serious medical bills and rehabilitation ahead. A settlement is reached with the negligent at-fault party and you are awarded $500,000. After paying your attorney you still have substantial amount sitting in your bank account.

Do you have to divide that with your spouse who you are divorcing? Generally, if you are awarded before the divorce decree is final, it could be a marital asset. But there are situations where it must be divided.

Dividing a Personal Injury Award or Settlement

The settlement is usually considered marital property unless it has been itemized and can be divided into past losses versus future compensation. Negotiating itemization may be part of your lawyer’s advocacy on your behalf.

Most settlements are not itemized, but if they are, they may be divided along these lines:

Past Losses – The dollars set aside to pay medical bills out of a joint account or to compensate for lost income in the past may be part of the marital estate.

Future Losses – The amount of the settlement designed to compensate the injured for his/her pain and suffering (a non-economic damage) and his/her future loss in income might not be divided as they are personal property, intended to compensate the victim alone.

Loss of Consortium – The non-injured party may make a successful argument that he or she should be compensated for loss of consortium (companionship) as a result of the accident.  When the non-injured spouse joins the lawsuit and files a claim for loss of consortium, if successful, it would be directed to benefit that individual alone.

Exceptions – Comingling of funds may present an extra layer of difficulty in dividing the settlement. For example, if some medical bills were paid out of the joint account where the settlement was deposited, the non-injured party can claim that she/he should be compensated for paying part of the bills out of the joint account. In some cases, your lawyer may need to trace the settlement money to answer how much of the settlement was used to pay bills and therefore should be reimbursed.

Your Florida Divorce Attorney

There may be a lot of money in question following a personal injury settlement, and dividing assets in a divorce is not always clear cut. Early in the process, you are advised to have an experienced advocate by your side.

Crystal Collins Spencer has spent more than 30 years fighting and advocating for spouses during a divorce. Having aggressive representation may mean you are ultimately awarded more property during your divorce than you would have had you gone it alone.

You only have one chance to make it right. Do not have regrets. Call our Pensacola or Sandestin office at 850-795-4910 to begin the conversation.