Legal Question in Family Law in California
I am divorcing my wife of 19 years and have a question regarding my Structured Annuity settlement that I received as a payment for injuries received in a car accident. I received these payments before I was married to her and continue to receive them for the rest of my life. Can she (under California law) receive half these insurance settlement payments in the divorce?
1 Answer from Attorneys
We would have to look at the details of the settlement. I doubt it would be treated as a community asset under any scenario, so she would not be entitled to half. If some or all of the settlement was for lost income, however, the payments may be counted as income for support calculation purposes. That certainly doesn't get her half, but rather it just becomes an input into the calculation.
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