Legal Question in Family Law in California

Settlement payment

Five years ago, my wife was involved in a sexual harassment case against a govt. official. She testified along with several other woman. Retaliation ensued causing damage to her heart. She filed a claim with the DOL which was accepted. She is now involved in a lawsuit against the govt agency. She has not worked for the past 4 years. This has put a major strain on our relationship. Her attorney for this case is very positive on the monetary outcome of her lawsuit. Divorce is in the future. What percentage of the settlement am I entitled?


Asked on 9/21/00, 9:39 am

1 Answer from Attorneys
Diana Mercer Peace Talks Mediation Services

Re: Settlement payment

Good question. Probably very little, unless a claim was filed on your behalf for "loss of consortium". Typically accident claims, although they accrue during the marriage, are separate property. After all, she's the one who will be dealing with the damaged heart. I'm not positive about this, however--and remember, there's always exceptions to the rule.

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Answered on 10/20/00, 12:29 pm


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