Are Tort Claims Compulsory in a Dissolution of Marriage Action?

In 1984, Beres Waite seriously hurt his wife Joyce and he was convicted of attempted murder. They got divorced and Joyce tried to get money from her homeowner’s insurance for her injuries. The court initially said she couldn’t because of a rule preventing spouses from suing each other. But later, the Florida Supreme Court said that rule didn’t make sense anymore. One justice warned that allowing spouses to sue each other could lead to a lot of divorce fights. Even though Florida changed its divorce rules to not be based on who was at fault, there are still some things that consider fault, like deciding how to split up money and taking care of kids. In 1996, the Florida Supreme Court ruled that a release clause in a marriage settlement agreement could prevent later claims arising from the marriage. In the case, a woman filed a civil lawsuit against her ex-husband for assault, emotional distress, fraud, and breach of contract. The court found that the settlement agreement was meant to settle all claims from the marriage, and therefore the husband was not liable for the wife’s claims. The court also suggested that these tort claims could be considered part of the marriage proceedings. In Turkey Creek, the Florida Supreme Court uses the “logical relationship test” to decide if a claim is linked to the original claim. This means that a claim is related if it comes from the same facts as the original claim or if it activates additional legal rights for the defendant. The results can vary in each case.

For example, if a husband hits his wife and causes her to have a permanent hearing loss, her claim for the injury is related to the original claim of the husband hitting her. This is because both claims come from the same incident and the injury activates additional legal rights for the wife. In the first case, if a wife asks for a divorce but doesn’t mention being hurt by her husband, and then later sues him for hurting her, the court will likely say she already agreed not to sue him for that in the divorce settlement, so she won’t get any money for it.

In the second case, if the husband fights the wife’s claims in court and the court decides he did hurt her and should pay for her medical bills, the wife can’t later sue him for hurting her because the court already decided that in the divorce case. She might not get money for her pain and suffering or permanent hearing loss. In Case 3, the wife asked for a divorce and also said her husband hurt her. The court decided that the wife should take care of their child, and they split their things and debts equally. The husband also has to pay for the wife’s medical bills and give her $100,000 for what he did to her.

In Case 4, the wife asked for a divorce and said her husband hurt her. This time the husband wanted a separate trial with a jury to decide if he really hurt her and how much he should pay. The court said okay, but it might be hard to find a courtroom for the trial because they are very busy. In a divorce case, if one spouse later tries to bring a claim for assault or battery against the other spouse, it may be blocked by legal rules. This might not seem fair, especially if the battery claim could affect the distribution of marital assets. Some people argue that these claims should be separate from the divorce because they don’t really have to do with the marriage itself. It’s complicated and some people think the rules should change. When a marriage ends, the court has to decide how to handle any legal claims that come up because of the marriage. If there’s no demand for a jury trial, the court can solve the issues quickly and fairly. But if a jury trial is requested, it gets more complicated. The court has to figure out how to handle tough issues that come up in these cases. Justices and efficiency are both important when making these decisions. “To teach its members to do their job well and help people, to make the legal system better, and to progress in the study of law.”

Source: https://www.floridabar.org/the-florida-bar-journal/are-tort-claims-compulsory-in-a-dissolution-of-marriage-action/