personal injury lawsuit and divorcing

[dura79]

i ive in califonria. could a personal injury lawsuit settelment money be considerd in a divorcing lawsuit?
the accident did happen while we were still living togeather. she did receive a seperate lawsuit settlement for herself because of my accident. she was not involved in the accident. is she entited to the the lawsuit money for alimony?

[mistoffolees]

Originally Posted by dura79

i ive in califonria. could a personal injury lawsuit settelment money be considerd in a divorcing lawsuit?
the accident did happen while we were still living togeather. she did receive a seperate lawsuit settlement for herself because of my accident. she was not involved in the accident. is she entited to the the lawsuit money for alimony?

It would depend on what the settlement is for. If it is a payment for past lost wages (i.e., wages that were lost while you were married), she probably has a direct claim on it. If it is for future wages, probably not.

ALL of your assets and income can be considered in setting alimony, though.

[LdiJ]

Originally Posted by dura79

i ive in califonria. could a personal injury lawsuit settelment money be considerd in a divorcing lawsuit?
the accident did happen while we were still living togeather. she did receive a seperate lawsuit settlement for herself because of my accident. she was not involved in the accident. is she entited to the the lawsuit money for alimony?

Like the other posted stated, its not quite as simple as it seems. It truely depends on the breakdown of the money, and even then it wouldn't necessarily be considered alimony, it would be more likely to be considered as part of your property settlement.

Any money that was specifically earmarked for your future medical care, or subordinated for past medical expenses, would definitely not be divisible.