If my husband got a settlement from a lawsuit, am I entitled to any of that money? 8 Answers as of March 11, 2013

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?

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Alison Elle Aleman, Attorney & Counselor at Law
Alison Elle Aleman, Attorney & Counselor at Law | Alison Elle Aleman
Most awards from a lawsuit, such as a personal injury case, belong to the person they are awarded to and are not community property.
Answer Applies to: California
Replied: 3/11/2013
Peyton and Associates | Barbara Peyton
Settlements are separate property and not subject to division in a divorce. That money can be considered for calculating child and spousal support.
Answer Applies to: California
Replied: 3/8/2013
LAW OFFICE OF JON RATHJEN | JON LAURENCE RATHJEN
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.
Answer Applies to: California
Replied: 3/8/2013
Danville Law Group | Scott Jordan
First of all, all assets of however acquired during the marriage are considered community property. Personal injury awards are no different. You will need an experienced divorce attorney to attack and obtain a portion of his person injury settlement.
Answer Applies to: California
Replied: 3/8/2013
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
California law specifies that proceeds from personal injury judgment or settlement are the sole and separate property of the party that sustained injury and not considered community property. The is the general rule but if the funds have been commingled there may be an argument that the funds are community property. That being said, very often the funds are not commingled.
Answer Applies to: California
Replied: 3/8/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    It is possible that you could get some of the money but the court has to divide it according to the needs of the injured person. Thus, you are not necessarily entitled to half of the funds.
    Answer Applies to: California
    Replied: 3/8/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If the settlement is to pay him for lost earnings, there with be a community property component to divide in the divorce.
    Answer Applies to: California
    Replied: 3/8/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    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.
    Answer Applies to: California
    Replied: 3/8/2013
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