Legal Question in Family Law in California
Divorce
I got injured and was terminated. When i get my settlement will my wife be intitled to half of the settlement while Divorce is in process and or after the divorce is complete?
1 Answer from Attorneys
Re: Divorce
You wife will not be entitled to any portion of the award that is attributable to pain and sufferring. You wife will be entitled to one-half of any amount of the award that is attributable to property damages (if any)--assuming the accident happened before you separated. One-half of the amount of the award that is attributable to lost wages before you separated, will belong to your wife. The remainder will belong to you 100 per cent. It is unclear from your question whether this is a workers comp case or a wrongful termination case or a personal injury case or a combination of all three. The type of case and the way any settlement or judgment is phrased could have sustantial consequences in your divorce case. You might want to consider having a family law attorney discuss the matter with your civil attorney.