If my spouse was in an auto accident 14 months ago and e filed for divorce 6 months ago, amI entitled to a part of his insurance settlement check?

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If my spouse was in an auto accident 14 months ago and e filed for divorce 6 months ago, amI entitled to a part of his insurance settlement check?

I am pay both the medical and automobile insurance. Other than his filing nothing else have been done regarding the divorce. He just received a $15,000 check last month from my auto insurance company. Am I entitled to any of that money?

Asked on December 5, 2011 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

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

Separate property is property acquired before marriage or after the marriage ends.  This includes income before marriage or after the marriage ends.  A spouse has no claim to the separate property of the other spouse.

In your case, a personal injury award or settlement is considered separate property of the injured spouse whether it was awarded during marriage or before marriage or after the marriage ends.  Consequently, you would not have any claim to the personal injury settlement because it is the separate property of your spouse.

If you do not live in a community property state such as CA, other rules may apply.


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