Is my disability a community asset ?

[asoomnothing]

What is the name of your state (only U.S. law)? California
I am going to court to finally end my divorce . I have one problem, I have been permanently disabled while working with the criminally insane. I am being forced to retire 50% of my wages for life . $ 2,000 my ex wants to take half . Is that possible ? I am the one that has the injury she should pay me. She makes way more than I do !

 

[Ohiogal]

What is the name of your state (only U.S. law)? California
I am going to court to finally end my divorce . I have one problem, I have been permanently disabled while working with the criminally insane. I am being forced to retire 50% of my wages for life . $ 2,000 my ex wants to take half . Is that possible ? I am the one that has the injury she should pay me. She makes way more than I do !

How much does she earn per month? That would be considered INCOME but that doesn't mean she gets half. Any more than you get half of her wages.

 

[LdiJ]

How much does she earn per month? That would be considered INCOME but that doesn't mean she gets half. Any more than you get half of her wages.

Couldn't there be an issue if the income is deemed to be a pension or retirement income? Retirement assets are divisible, marital property.

 

[Ohiogal]

Couldn't there be an issue if the income is deemed to be a pension or retirement income? Retirement assets are divisible, marital property.

If there is a RETIREMENT account he pulls from then the ACCOUNT is an asset. But if this is a monthly payment due to disability and there is no account individually of his then it is income. The retirement "assets" which are divisible as property is the SUM TOTAL of the amount. But if this is operating as a pay then..

Yeah that is clear as mud. Hopefully you understand what I am stating.

 

[LdiJ]

If there is a RETIREMENT account he pulls from then the ACCOUNT is an asset. But if this is a monthly payment due to disability and there is no account individually of his then it is income. The retirement "assets" which are divisible as property is the SUM TOTAL of the amount. But if this is operating as a pay then..

Yeah that is clear as mud. Hopefully you understand what I am stating.

I do but I am not sure he would. That however is my concern. My concern is that he is drawing his pension early and that it might be considered a marital asset. If he is drawing disability insurance payments (from an employer sponsored plan) then it wouldn't be an issue.

 

[Ohiogal]

I do but I am not sure he would. That however is my concern. My concern is that he is drawing his pension early and that it might be considered a marital asset. If he is drawing disability insurance payments (from an employer sponsored plan) then it wouldn't be an issue.

Correct. That is what I was getting at. I hope he understands it. Income during a marriage is a community asset but if she is earning more then he would be more likely to get some of her income than vice versa.