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How Are Personal Injury Settlements Divided in a Divorce?

While it is not a common occurrence, it is possible that you might receive a personal injury settlement while going through a divorce. When this happens, you might wonder if your spouse is entitled to a percentage of this settlement as you are, after all, still married. Today, we go over whether your spouse is entitled to a personal injury settlement.

When Is It Possible for a Spouse to Receive Part of a Personal Injury Settlement?

Whether your spouse will receive a portion of your personal injury settlement depends on the circumstances of your case. If you were injured while married, it is more likely that your spouse will receive part of your settlement. If you were injured before you were married, it is less likely that your spouse will receive part of the settlement; however, this does depend on whether marital funds were used to care for your spouse.

Is a Personal Injury Settlement Considered Martial Property?

According to California Family Code §780, if the injury occurred during the marriage, then the non-injured spouse is entitled to half of the damages awarded to cover lost earnings or be reimbursed for medical bills and/or damaged property.

How Will the Settlement Be Divided?

California law states that community estate personal injury damages are entitled to the injured spouse. What this means is that the injured spouse will receive the personal injury settlement while the other spouse will receive assets from the community property estate. However, if the personal injury settlement is the only asset the couple has, then the non-injured spouse may not receive anything.

However, if marital assets and property were spent to cover the injured spouse’s medical bills and other expenses, the non-injured spouse will receive reimbursement.

Hire an Experienced Attorney from Our Firm for Assistance with Your Injury Settlement

If you are concerned about protecting your personal injury award from your spouse, it would be advisable to consult with an experienced attorney. You will require expert legal advice as you navigate this issue, and it would behoove you to secure that.

At Singleton Smith Law Offices, Inc., we can help you navigate your divorce and the details of your personal injury settlement with ease and professionalism. We can provide legal counsel, support, and the knowledge you would expect in a scenario like this.

Contact us online or via (951) 779-1610 to schedule a consultation to discuss the details of your personal injury settlement.