Legal Question in Family Law in California
My husband filed a lawsuit against his previous employer a few months after he filed for divorce. Am I entitled to any money he might win from the lawsuit?
3 Answers from Attorneys
You need to consult with a family law attorney and an employment law attorney. Based on the information you have provided it is unclear what claims you may have in this matter.
It would depend on what the lawsuit's claims are. If he is suing for anything that has to do with compensation earned and not paid, or that should have been earned and paid, prior to the date of separation, that is community income and it would go into the "pile" of community assets that must be distributed 50/50. Whether you would actually get the money is another story, because the entire set of community assets and debts must be allocated 50/50. So he might get all the money if he takes on more of the debt as well, or he might get all the lawsuit money if you are getting other assets.
That's going to depend on what exactly the lawsuit is for. If it was for earnings that were unpaid prior to your separation, then I would say the community had an interest in any award. But if he lost his job for some improper reason and the damages are for future earnings after separation, then the award would have a separate property character.