Legal Question in Family Law in California
Industrial Disability and Divorce
I received an Industrial Disability from the State of Calif as a police officer. Now living out of state, and going throug a divorce, is she entitled to any of this tax free benefit that I receive? Telling me a family law attorney will assist me in this will not do me any good. I have paid nearly 10k and he is no help! I am willing to pay her the amount of money that I had in my retirment prior to being injured.
1 Answer from Attorneys
Re: Industrial Disability and Divorce
If she is entitled to spousal or child support, then your income from all sources will be considered. The fact that the money is tax free simply means you will have to pay more. But, your lawyer could argue that some of that money is intended to cover out of the ordinary expenses like rehabitation, education, and assistive services and devices.