Legal Question in Family Law in California
Disability Settlement and Divorce
I broke my back while working as a police sergeant in Southern California. I was forced to ''retire'' due to this medical disability. I only had 17 years on the job and was not eligable for a standard retirement. I was therefore granted a ''disability settlement'' meant to help me cover my additional costs of living associated with my disability, and to compensate me for my pain and suffering.
I am now going thru a divorce and I am wondering about the status of my disability settlement. My attorney says he is sure my settlement is safe for now, but once I turn 55 it could be considered a ''retirement'' and therefore community property.
My employee advises me that since I did not have the required 20 years on the job, my disability settlement would never convert to a retirement as it does when guys have the necessary time. My settlement will remain a tax-free disability settlement and not a retirement.
What is my status. I know this is a unique case. I have numerous costs associated with my disability. Since I did not have the required 20 years on the job, will my settlement be considered community property upon my reaching 55?
Thank you.
3 Answers from Attorneys
Re: Disability Settlement and Divorce
Dear Inquirer:
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web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Your situation is a little "tricky." Because the settlement apparently was reached DURING the marriage it is, in strict terms, Community Property. However, to the extent that the settlement is for FUTURE disability-related expenses (e.g., medical bills), FUTURE loss of income, and FUTURE pain and suffering, it would most likely be awared to you without equalization. Obviously, if you settle rather than litigate the terms of your dissolution, you and your wife can deal with the disability settlement any way you agree.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: Disability Settlement and Divorce
There is nothing "tricky" about this issue. The disability is your separate property. Don't worry about the retirement conversion issue and don't worry about getting a letter from the PD.
The disability can, however, be considered for support purposes.
Re: Disability Settlement and Divorce
To the extent that the payments are compensation for future wages it should be your separate property. To the extent it reimburses you for wages lost during the marriage it would be community property.
You need to get a statement from the police department stating that you will be receiving disability pay and that it will never be converted retirement.
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