Sunday, October 2, 2011

IS MY EX ENTITLED TO SHARE MY POST-SEPARATION ACCIDENT SETTLEMENT?

QUESTION: I was in a car accident a year ago and received a settlement. My ex from 2 years ago wants some of it because we have a son together, so she feels that entitles her. She left me over a year before the accident and I have given her money for our son since the day she left. Is she entitled to my accident settlement?

MY RESPONSE:

The Court has the discretion to apportion between the parties the proceeds of a personal injury settlement for an injury that occurred during the marriage.

However, since the accident occurred after separation, you may well be able to avoid such an apportionment, inasmuch as a party's earnings after separation are separate property.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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