In a divorce, what are my rights to my wife’s settlement?

UPDATED: Oct 1, 2022

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In a divorce, what are my rights to my wife’s settlement?

My wife is planning to divorce me. She has gotten a money settlement and wants to move to another state. I do not want to move and leave my present job. She says that the money settlement belongs only to her and she doesn’t want to tell me about the total amount she got. All this time I have been supporting her and paying for the majority of our living expenses. She hasn’t work for awhile and she is home all day doing nothing, not even cleaning. I consider this an abuse on her part and I need help regarding this matter. We have been married for 37 years and her sister and mother are trying to convince her to divorce me and not share her money settlement with me. She said that the money for the purpose of purchasing a home. Can you please advise me?

Asked on April 6, 2018 under Family Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Community property is income during marriage. Each spouse has a one half interest in the community property.
However, there is an exception for the monetary settlement your spouse received. That settlement is her separate property which means you have no claim to it because a spouse has no claim to the other spouse's separate property.

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