QUESTION
Am I untitled to any of my husband’s money?
Asked on Apr 05th, 2015 on Divorce - California
More details to this question:
My husband is in prison for a 6, year sentence we have been together for 8 years but 3 of them we have been married. During these years he was sentence to a live in program. While at this program he was injured. He was later kicked out the program due to him filling a lawsuit. I have been there throw everything help him when got out the hospital, forgave him when I found out he cheated on me. Now I'm out in the real world alone while he remain still serving his time. I have struggled, been homeless etc.to find out he's filling for divorce, because he's getting ready to settle on his lawsuit.
2 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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WHAT PROPERTY?!?
Answered on Apr 07th, 2015 at 7:25 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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It would be an uphill battle. First, you have to show that at the time of the injury (reason for the lawsuit) that you were still in an active marriage and not separated, even though you were physically separated. If you can prove that, then you would have to show what portion of the settlement is for lost wages. You are not entitled to any personal injury settlement, but if part of that is for lost wages, you would be entitled to a portion of that part of the money, because wages are community property if they are earned between the date of marriage and the date of separation. You will need an attorney to help you with this complicated case and to present the relevant evidence properly in court. For the amount of your portion of the "lost wages" part of the settlement and the attorney fees you will owe, depending on the settlement amount, it may not be a worthwhile investment of your time and money.
Answered on Apr 07th, 2015 at 3:05 PM