Legal Question in Family Law in California

If a husband receives a settlement for a workers comp claim, he hurt himself in 2008, he receives this $ after he and his wife separate, they have filed for divorce. Is this money considered community property?


Asked on 10/24/12, 11:24 am

1 Answer from Attorneys

There is no simple answer to this question. Worker's comp payments, like non-work personal injuries, are compensation for lost income and other things, such as medical costs and pain and suffering. The compensation for lost income would be community property to the extent that they pay for income that would have been earned prior to separation. The other components to the payment would have to be examined under the facts and details of the injury and the timing of things in relation to the marriage, as well as to what extent medical expenses created community debts versus personal debts, if any.

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Answered on 10/24/12, 11:29 am


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