QUESTION
Am I required to give her anything on my settlement, and if so do I have to agree on a percentage now? What’s a good low percentage, if so?
Asked on Dec 10th, 2012 on Divorce - California
More details to this question:
I am almost to my final divorce hearing and my future ex-wife keeps dragging me about what percentage of a future possible personal injury settlement.
7 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Do you have an attorney. If not, get one in your area.
Answered on Apr 26th, 2013 at 4:54 AM
Generally speaking, any portion of your settlement that is for lost wages or property damage is considered "community" and should be equitably divided in your divorce (this usually means equally). Any portion of your settlement that is for pain and suffering is considered "separate" and should not be divided in your divorce.
Answered on Dec 14th, 2012 at 12:21 AM
Personal injury settlements are separate property of the injured person. the only way she would have a claim to any of that money is if your case included a claim for loss of consortium. speak to your personal injury attorney about this. You should also talk to a family law attorney in your county about the issue before you enter into any settlement talks with your wife.
Answered on Dec 13th, 2012 at 9:35 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It isn't possible to properly answer your question with so little information. Whatever you and your wife can agree to is what will be considered fair. If you cannot agree, a judge will have to decide what is fair after hearing all the relevant information. There is no simple, fixed rule and the judge will have to decide what part of your possible settlement is marital property. Since it sounds like you don't have much information about what might happen at all, the judge may decide that no decision is possible until there is actually a settlement to talk about.
Answered on Dec 12th, 2012 at 1:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Under your circumstances you certainly should be counseling was an attorney, and be represented in your divorce. You have for provided insufficient information upon which an opinion can be presently formed.
Answered on Dec 12th, 2012 at 1:39 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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If the injury that was the basis of the suit happened during marriage, then there is a community property component to your settlement. The percentage of the community property interest cannot be determined by these limited facts.
Answered on Dec 12th, 2012 at 1:39 PM
It depends upon what the settlement is compensating you for. Personal injury settlements can be separate property, community property or mixed. You would be required to share with her only that portion of the settlement that was deemed community. If that is unknown you could reserve that issue for future negotiations or you could argue that there is nothing to divide as there is just a possibility of a settlement.
Answered on Dec 12th, 2012 at 12:20 PM