Legal Question in Family Law in California

Medical Award 50/50 split ?

a medical malpractice suit was filed by wife on behalf of husband. naming husband vs. surgeon.

should any award be made after filing for divorce - is the monetary award then considered a 50/50 split between wife/husband as the divorce proceeds or is it considered the husbands only?


Asked on 5/06/99, 3:35 pm

1 Answer from Attorneys
Jed Somit Jed Somit, Attorney at Law

Re: Medical Award 50/50 split ?

Monies received on a suit after separation, when the suit was filed before

separation, may have some community character. The personal injury claim itself

would be the injured party's separate property if received after separation, but the

spouse may have a claim for loss of consortium (during the marriage). There may also

be medical expenses and lost wages for the period during the marriage for which the community

has a claim. There may be other expenses of the litigation, or the injury, which

should be reimbursed to the community from the recovery.

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Answered on 5/07/99, 8:23 pm


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