If my husband is receiving a large settlement from a car accident and is asking me for a divorce, amI’m entitled to part of the settlement?
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If my husband is receiving a large settlement from a car accident and is asking me for a divorce, amI’m entitled to part of the settlement?
Asked on January 29, 2012 under Family Law, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you live in a community property state such as CA, community property is property acquired during marriage. Community property includes income during marriage. Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
Although the personal injury award is received during marriage, it is the separate property of the injured spouse and therefore you would not have any claim to it.
If you don't live in a community property state, other rules may be applicable.
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