QUESTION
If my husband got a settlement from a lawsuit, am I entitled to any of that money?
Asked on Mar 07th, 2013 on Divorce - California
More details to this question:
We live in CA. He got a settlement after he fell at work. Now he won't a divorce. Can I get some of that money?
4 ANSWERS
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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Most awards from a lawsuit, such as a personal injury case, belong to the person they are awarded to and are not community property.
Answered on Mar 11th, 2013 at 8:23 PM
Settlements are separate property and not subject to division in a divorce. That money can be considered for calculating child and spousal support.
Answered on Mar 08th, 2013 at 1:03 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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Only if damages recovered represent compensation for lost community income, such as lost wages during the marriage, or medical bills paid from community resources. As a general rule personal injury damages ("pain and suffering") follow the injured party, as do damages for lost future wages and future medical bills.
Answered on Mar 08th, 2013 at 1:02 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Its his money for his injury. The community may be entitled to reimbursement if it paid medical or nursing costs but the money is his.
Answered on Mar 08th, 2013 at 1:01 PM