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Is personal injury settlement considered in divorce in California?

Is personal injury settlement considered in divorce in California?

personal injury
mzrozwilliams365 asked:


I have been fighting a personal injury lawsuit for over 3 years and if I file for divorce is my husband entitled to my money?

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Comments

  1. dragonfireresurrected says:

    no

    California is one of nine states recognizing community property division.

    * Community property describes all assets (and debts) that were jointly acquired during marriage. Each spouse is seen as contributing equally, regardless of individual income, so community property is divided evenly. This means that each spouse receives one-half of these assets, which can include money, real estate, retirement plans, furniture, automobiles, and possessions.
    * Separate property is property that belongs to one spouse and is not subject to division in divorce. This includes property that a spouse brought to the marriage (a house, a business, pension funds) or assets or debts acquired in the name of one spouse during the marriage (an inheritance, personal injury award, or education loans).

  2. gijane says:

    no he is not. if it were that you lost an arm in an accident and they were awarding you with a new one…you would not split the arm upon divorce. so, there you have it…any settlement is compensation for ‘your’ injury only. it is not an asset. it is compensation.

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