Legal Question in Family Law in California

Not much you can do. If she files for divorce, she files for divorce. You can't stop her. The bottom line is that the timing of the divorce versus the timing of the settlement don't really matter a whole lot. A wrongful termination case is primarily about lost wages. Wages are community property up to the date of separation, and separate property after. If the settlement is for back wages that would have been earned during the marriage, it is all community property. If the settlement is for lost wages that extend past the date of separation, some of it will be hers. Not much you can do about that, and whether separation is before or after the settlement will not affect it. Only the terms of the settlement as to what time period is being paid for will affect your rights.