Rocky, in Maryland he would get to keep the money from the lawsuit and it wouldn't be considered part of the marital estate because it was for personal injury (e.g., mental anguish).
If the couple was already separated, I don't see what the big deal is. There are so many people that are separated and sleeping with other people, that this should be a non-issue in the divorce. In Maryland, they would have had to been separated and living apart to even pursue a divorce, unless one of them had committed adultery, been violent to the other, or deserted the other. To me, this entire thing sounds like sheer stupidity where the divorce attorneys are running up the billable hours.
At the end of the day, it is the few bad attorneys that make it bad for all of us. However, I would take this moron's case and charge him by the hour. At the end of the day, he would probably end up putting my kid through college. Somehow, though, his attorney is probably doing this on a contingency and hoping that he gets 1/3 of 1.5 million dollars. If I were on the jury, this thing would be getting thrown out, and if there was an option to award attorneys fees, I would award them to the florist.
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