We were virtually broke prior to the settlement and it was a significant settlement. So it could generate some...issues. I'm not looking to hurt her. We have gone in different directions, we have no debt and its time. We have not slept in the same bed for several years now and essentially live as roommates. I would like to offer her some amount of the settlement simply to make the transition easy for her. I simply don't want to harm myself in the desire to expidite things. Any advice you could provide would be greatly appreciated.
You should definitely consult with a family law attorney to discuss your options. The relevant time frame will likely be when the incident occurred as opposed to when it settled. A number of factors will likely be considered, not just whether you slept in the same bed. It may be that if you were not legally separated, it will be community property; however, I am not a family law attorney, and I am not licensed in CA, so I am just pointing out a possibility. I will change the practice area to family law rather than personal injury. Good luck.
Likely best answered by a family law lawyer as this is where this issue is most likely to be hashed out.
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Since another attorney well-addressed the date of separation, I won't get into that issue. It would be up to the Court to determine how much, if any, of the personal injury settlement to award to your spouse. The Court could award up to 50% of that settlement to your spouse, a far smaller amount, or even none of it, depending on the facts and circumstances and timing of the injury and settlement. That portion of the settlement awarded for future earnings should be your separate property, whereas that portion of the settlement for loss of earnings between date of injury and date of separation should likely be community property. That portion of the settlement awarded for your health care costs prior to separation would be community property, and that portion awarded for your post-separation health care costs would be your separate property. It is anyone's guess how the Court would apportion that portion of the settlement awarded for your pain and suffering. And your Attorney's Fees would need to be factored in, because they reduced all of the prior noted amounts by the percentage that your attorney received. You can make whatever offer you wish, but you would best have a face-to-face consultation with an experienced Family Law Attorney to review the facts and get advice before you make any offer.
No, she is not "entitled" to it. Do NOT make a court issue out if this, it will just suck up your money. Get a GOOD (educated) mediator--AFTER a discussion with your wife.
Richard Andrew HartingPersonal Injury LawyerLong Beach, CA ·
it is most likely community property (you do not give complete facts). You are best to consult with a family law lawyer as to how to best handle your situation.
Although California is a community property state, the courts have special rules regarding settlements from personal injury cases. Personal injury settlements may or may not be considered community property, depending on when the injury occurred. You should consult with a family law attorney for further advice.
In California, personal injury awards and settlements are considered community property as long as the cause of action arose during marriage. If the cause of action arose before marriage or after permanent separation, the settlement is deemed separate property. Additionally, the injured spouse must reimburse the community (or the other spouse’s separate property, if applicable) for any expenses paid on account of the injury.
So, in your situation, the question becomes whether you and your wife were permanently separated at the time of your injury. Permanent separation requires: (1) intent to discontinue the marital relationship; and, (2) communication of such intent to the other spouse. If satisfied, the rules regarding community property stop at that point. Note that, at divorce, community property personal injury awards and settlements are assigned entirely to the injured spouse, so long as (1) they have not been commingled with other community funds, and (2) the interests of justice do not require otherwise.
