Personal Injury settlement in Divorce

[guitarjeff]

What is the name of your state (only U.S. law)? CA
In a divorce settlement , my wife was awarded a personal injury law suit. The money was put in a CD joint account in both our names. If I get a divorce can I recieve 1/2 of this money as communitive property?

 

[mistoffolees]

What is the name of your state (only U.S. law)? CA
In a divorce settlement , my wife was awarded a personal injury law suit. The money was put in a CD joint account in both our names. If I get a divorce can I recieve 1/2 of this money as communitive property?

It depends. Was the payment for loss of future earnings or for past injury?

If it is for loss of future earnings, you would not ordinarily be entitled to part of it, although putting it into a joint CD would complicate that. She should be able to trace it, though, and show that it's separate property.

 

[LdiJ]

What is the name of your state (only U.S. law)? CA
In a divorce settlement , my wife was awarded a personal injury law suit. The money was put in a CD joint account in both our names. If I get a divorce can I recieve 1/2 of this money as communitive property?

A lot would depend on the nature of the settlement. Settlements are often broken into different "chunks" for different things.

As Misto said, any monies designed to replace future earnings or to cover future medical costs would not normally be marital property.

Any monies designed to cover current or past due medical bills would also not normally be marital property.

Any monies designed to replace PAST earnings, might be marital property.

All in all, I wouldn't count on much of it being considered to be marital property.

 

[guitarjeff]

Thank you for your response. As far as medical bills in the auto accident those have all been taken care of already in the Personal injury lawsuit. As far as lost future wages, my wife was not working at the time of the accident and she does not work now. The money that is in both our names as a joint account is being used for bills, vacation, leisure expenses for both of us and our kids. does this mean I am entitled to at least some of the money since I also had a claim in the law suit if we divorce?

 

[LdiJ]

Thank you for your response. As far as medical bills in the auto accident those have all been taken care of already in the Personal injury lawsuit. As far as lost future wages, my wife was not working at the time of the accident and she does not work now. The money that is in both our names as a joint account is being used for bills, vacation, leisure expenses for both of us and our kids. does this mean I am entitled to at least some of the money since I also had a claim in the law suit if we divorce?

Go re-read what I wrote.

 

[mistoffolees]

Go re-read what I wrote.

I'm going to go one step further and have to revise what I wrote earlier. The original post really doesn't make sense:

"In a divorce settlement , my wife was awarded a personal injury law suit. The money was put in a CD joint account in both our names. If I get a divorce can I recieve 1/2 of this money as communitive property?"

1. If the wife was awarded a personal injury law suit in a divorce settlement, then he already has no claim on it (although his wording technically doesn't make any sense - you can't be awarded a law suit in a divorce since a law suit is not an asset).

2. If the settlement was awarded to her in a PREVIOUS divorce (which is implied by his saying "IF I get a divorce") to which he wasn't a party, then it's separate property, and he still has no claim on it.

3. He says "I also had a claim in the law suit if we divorce" which contradicts his statement that the wife was awarded the law suit in a divorce settlement.

The only way he could even POSSIBLY have any claim on it is if the law suit had been settled while he was married to her and IF the lawsuit was for harm which occurred while he was married to her and to which he is entitled to recompense. From the wording of the original post, that doesn't seem to be the case.

I would suggest that OP read your post and if he still doesn't understand your answer, back up and state exactly what happened, when, what the court order says, and so on.

 

[guitarjeff]

Sorry for the mix up. There has been no divorce yet. The personal injury lawsuit was awarded a few years back and we are still married.

 

[mistoffolees]

Sorry for the mix up. There has been no divorce yet. The personal injury lawsuit was awarded a few years back and we are still married.

When was the accident? When was the award awarded? What was given as the cause of liability (lost wages? permanent disability?)?

 

[guitarjeff]

The accident was in 2006. The settlement was awarded in 2007. My wife is not on disability but suffers from extensive 3rd degree burns and suffered other injuries as well. The money was awarded from the other parties insurance policy.

 

[mistoffolees]

The accident was in 2006. The settlement was awarded in 2007. My wife is not on disability but suffers from extensive 3rd degree burns and suffered other injuries as well. The money was awarded from the other parties insurance policy.

Would you please answer the questions? What was the grounds for liability? What was the award meant to compensate her for?

At first glance, the fact that you use the present tense 'suffers', I would guess that you have no right to any of the award, but you'll really need to answer the questions for a more solid answer.