Legal Question in Family Law in California

Structured Settlement Annuity Community Property?

I have looked thru many questions on this site for an answer buy have only succeeded in confusing myself further.

I was in an auto accident when married, I received a large settlement, with a portion of the monies I bought an annuity which pays me a monthly amount till my death. I lost my right leg in the accident, therefore I receive Social Security disability also. I have always contributed to our household monetarily. I have spent over 500,000.00 in our 8 1/2 year marriage. He has always worked, however we lived way above any means he would have been able to support. We bought a home, which 50,000.00 was put down, 3 years later he walked away, knowing the home was in foreclosure and I could not save it alone. I lost my home, the down payment and the equity. He now wants half of my annuity. Does he have rights to it under the community property laws. It is how I support myself because I was dumb enough to spend the rest while married. I am 46 he is 36. Thank you for any help


Asked on 11/22/07, 7:57 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Structured Settlement Annuity Community Property?

If the accident occurred prior to the date of the marriage,the settlement would be your separate property. If the settlement is your separate property then the annuity you purchased with the settlement funds should be separate property. You should consult with an attorney as this is a complex issue.

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Answered on 12/05/07, 4:29 pm


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