QUESTION
If I receive a settlement from my lawsuit, do I have to split it with my ex when we get divorced?
Asked on Jul 01st, 2014 on Divorce - California
More details to this question:
I'm in the process of an employment lawsuit for wrongful termination, and also wish to divorce my spouse.
2 ANSWERS
Whether or not you must share your settlement depends upon how the settlement is characterized. If it is considered your separate property then you would not share with the spouse. You should discuss with your counsel in the termination lawsuit what exactly would the settlement be compensating you for and then you can consult a family law attorney to review those facts and advise you whether your spouse would be entitled to any of it.
Answered on Jul 02nd, 2014 at 5:49 PM
Criminal Law Attorney serving Fremont, CA
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Anything arising from employment is community, if the employment benefits were not pre-marriage. Personal injury damages are separate property.
Answered on Jul 02nd, 2014 at 2:07 PM