Spouses right after car accident

by B. Jones
(California)

My husband is about to settle an auto claim and we are separating, am I allowed any portion of this settlement and what should I do if I have any right?



Answer:


Hello B. Jones,

It depends. You are in California so you need to know that this is a community property state. You need to talk to lawyer there regarding this situation.

Generally, a settlement for pain and suffering is considered separate property (you husband is entitled to it). However, if the settlement does have "loss wages" or compensation for anything that is a community asset, then you could be entitled to your share of that.

Please contact a local attorney before may any decisions. I hope this helps

Good Luck,
Auto Insurance Claim Advice