iVE BEEN MARRIED TO MY HUSBAND FOR 13 YEARS HE GOT HURT ON THE JOB ABOUT FIVE YEARS AGO WHICH LEFT HIM DISABLED. I GOT HIM A LAWYER AND HAVE BEEN TAKEN GOOD CARE OF HIM BUT NOW THAT HE JUST FOUND OUT HES GETTING A LOT OF MONEY HE IS BEING VERY SPITEFUL EVEN TALKIN ABOUT GETTING A DIVORCE
If you are not yet separated, then earnings and compensatory damages for earnings are community property. You don't get a 50 percent issued to you; instead you have an equal community property interest in all of it.
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The money is probably going t be treated as community property... unless it isn't. see http://www.thurmanarnold.com/Family-Law-Blog/2010/January/My-Husband-Is-Receiving-A-Personal-Injury-Settle.aspx
The court can assign the funds as they feel serves the ends if justice, "(b) Community estate personal injury damages shall be assigned to the party who suffered the injuries unless the court, after taking into account the economic condition and needs of each party, the time that has elapsed since the recovery of the damages or the accrual of the cause of action, and all other facts of the case, determines that the interests of justice require another disposition. In such a case, the community estate personal injury damages shall be assigned to the respective parties in such proportions as the court determines to be just, except that at least one-half of the damages shall be assigned to the party who suffered the injuries."
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You are not entitled to a specific percentage. You may have a community interest in the settlement money however it will depend on various factors including the structure of the settlement. For example, if the settlement is for lost wages which occurred during the marriage then you would be entitled to a community portion of that settlement amount. If the settlement is for items is for future lost wages or pain and suffering, you may not be entitled to that portion of the settlement amount. It may depend largely on the characterization of the settlement proceeds.
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The answers above have been correct, however, I wanted to make it clear to you that the component of compensation which is for the bodily injury itself, and any general damages which accompany it (what non-lawyers call pain and suffering), is typically the separate property of the injured spouse. If it does, in fact, appear that your marriage is heading for a dissolution, you should probably consult with an experienced family law attorney sooner rather than later. You will want to make certain that, before he has a chance to spend through any money received for lost wages/income, that you get your share of it.
This answer is offered for educational purposes only and should not be solely relied upon by the original poster in lieu of obtaining the assistance of a qualified attorney.
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