If my husband is receiving a large settlement from a car accident and is asking me for a divorce, amI’m entitled to part of the settlement?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my husband is receiving a large settlement from a car accident and is asking me for a divorce, amI’m entitled to part of the settlement?

Asked on January 29, 2012 under Family Law, Georgia

Answers:

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

Answered 9 years ago | Contributor

If you live in a community property state such as CA, community property is property acquired during marriage.  Community property includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Although the personal injury award is received during marriage, it is the separate property of the injured spouse and therefore you would not have any claim to it. 

If you don't live in a community property state, other rules may be applicable.


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 with SHA-256 Encryption