Legal Question in Family Law in California

Settlement

married for 2 1/2 years when husband was injured on his job and has filed numerouse law suites against company and insurance company. There is a settlement hearing scheduled soon. He has now moved out. If i file for a divorce would I be intitled to some of his settlement money? have not filed a legal separation yet.


Asked on 10/27/02, 5:06 am

2 Answers from Attorneys

Matthew Kremer Law Offices of Matthew M. Kremer

Re: Settlement

You might get some. He'll get most, if not all. Money for pain and suffering will go to him. The community might get a share of the funds that compensate for lost income prior to when he moved out.

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Answered on 10/28/02, 12:29 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Settlement

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Monies for past medical expenses and lost wages are usually community property. Monies for future lost wages and medical expenses usually are not. Money for pain and suffering can go either way.

Thanks for sharing your interesting inquiry, and good luck with your case.

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Answered on 10/27/02, 11:43 am


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