The 'Marriage Before Injury' Rule And Wrongful Death

Law360, New York (March 15, 2017, 11:33 AM EDT) -- In a recent 2-1 opinion, Florida's Fourth District Court of Appeal continued to apply the law which bars marrying into a cause of action, but a strong dissenting opinion and noted public policy concerns could trigger further review.

In Florida, as in various other jurisdictions, the courts follow the common law "marriage before injury" rule. This rule requires a party to be married to the injured person prior to the time of the injury in order to assert a claim for loss of consortium — i.e.,...
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