Legal Question in Family Law in California
rights of the injured worker in a divorce case against ex-spouse
I am permenantly disabled and on workers compensation (permenantly) I get a monthly income (to support my basic needs. my ex-wife(because I was injured during the marriage) wants half my settlement as community property, even though the settlement took place after the divorce by 2 years and I had already remarried someone else.
there are future lump sums involved and we have a daughter
from the marriage and I pay $1,005 per month for her.
What case law can I infer to to protect my rights for the money that is for pain and suffering , and medical needs for the rest of my life.
1 Answer from Attorneys
Re: rights of the injured worker in a divorce case against ex-spouse
To the extent that the disability payments are to compensate for the loss of wages after the date of separation they are your separate property. It would seem unlikely that more than 2 years after the separation that there would be any community property interest in these payments.
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