There is no legal separation in Louisiana anymore. You're either divorced or married. At this point you're still married. If you agree on everything then getting an actual divorce will be quick and easy. If your father gave that money to both of you then he is entitled to half, if it was given just to you then it's all yours as long as you can track it and don't mix it in with community funds.
Legal disclaimer: The response given is not intended to create, nor does it create, an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. Attorney is licensed to practice law only in the State of Louisiana. Responses are based solely on Louisiana law unless stated otherwise
You need to get divorced. Until you are divorced debts are presumed to be joint. Normally a judgment from an auto accident is a separate debt. Who pays for insurance does not change community property. He wound not be entitled to share gift from your father unless you put in a joint account and could not trace it.
Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.
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