Legal Question in Family Law in California

Re: civil suit judgement

Good question. Since it occurred during the marriage it's deemed community property. Community property is usually divided equally between the parties. Although they are considered community property, they may be subject to special rules with respect to division.

Community estate personal injury damages must be assigned to the injured party unless the court determines that the interest of justice requires another disposition, after taking into account the economic conditions of both parties, the time that has elapsed since recovery of the damages, and all other facts of the case.

So basically it depends on the specific facts and circumstances of your case. The judge will want to give you all the damages, but he or she may give some to your husband if it seems fair under the circumstances of your specific dissolution matter.

With all that being said, there is not much you can do in advance to improve your position on this issue.