Saturday, May 5, 2012

IS A P.I. SETTLEMENT CONSIDERED COMMUNITY PROPERTY?

QUESTION: In a divorce, is a personal injury settlement considered community property?

MY RESPONSE: It can be considered to be either separate property of the injured party or a combination of separate property and community property in certain proportions. It is a fact-driven determination to be made by the judicial officer at trial based on evidence presented to the Court regarding, among other things, the date of the injury compared with the date of separation, loss of earnings during the marriage, loss of future earning capacity, pain and suffering, health care expenses incurred and/or paid during the marriage, anticipated health care expenses that will be incurred after separation, and other factors.

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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