Legal Question in Family Law in California
Is personal injury settlement community property
A few months after getting married my spouse was injured in a work accident. 4 years later will still married he received an award of over 1 mil dollars which was appealed and delayed for 2 more years.He has finally received his money but we are going thru a divorce and he is trying his best to hide the assets by putting money in trust fund and house and cars in his parents name.What are my legal rights to these assets? Thanks
1 Answer from Attorneys
Re: Is personal injury settlement community property
As property, your interest is probably limited to that portion of the award that represents lost wages occuring during the marriage, before the separation. The vast bulk of the award will be treated as his separate property.
As regards child or spousal support, the income from the money could be used in setting support. However, spousal support should be limited to the marital standard of living which, I presume, was not having $1m or interest on $1m.
As far as transfering or hiding the money, if you have filed for divorce and both sides are served, each is prohibited from doing such things. Read the back of your Summons.
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