Legal Question in Family Law in California

Is an employment discrimination claim of one spouse community property in divorce action?


Asked on 1/14/11, 10:29 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It depends on the nature of the claim and when it arose. If it arose after separation, it is that spouse's separate property.

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Answered on 1/22/11, 3:57 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

This answer should not replace the legal advice you should seek in an office consultation with an attorney skilled in California Family Law.

While the above answer is correct, it is a partial answer. If the period in time the discrimination took place was during the marriage and earnings and/or other employment assets were impacted, then there may be a right for the community to claim marital property in the divorce actoin.

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Answered on 1/24/11, 8:08 am


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