Is a pain and suffering settlement separate property while married?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is a pain and suffering settlement separate property while married?

I will be receiving a lump sum pain and suffering settlement in a month or so. No lost wages or medical bills will be in it. Just pain and suffering. I am married and live in CA. Is my settlement separate property or community property?

Asked on April 16, 2017 under Family Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Typically, if a settlement is to compensate for injuries, pain and suffering, loss of enjoyment, or medical bills that do not have any impact on the marriage, the settlement is deemed to be separate property (and if there should be a divorce, solely awarded to the injured spouse). That having been said, some courts have held that a personal injury settlement is marital property when: there is a commingling assets (e.g. by accepting the settlement in 1 check and it is made payable to both parties); it is compensation for lost wages; or there are medical bills that have a financial impact on the marital estate. Finally, when there is a lower settlement due to low policy limits or a lack of funds from the party at-fault, a court can allocate a portion of the settlement to lost wages even if it is only for personal injury. At this point you may want to consult directly with an attorney; they can best advise you further.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption