What assets need to be split with a soon-to-be ex-spouse?

UPDATED: Jun 2, 2012

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What assets need to be split with a soon-to-be ex-spouse?

I am qualified to receive a sizeable check for helping a victim of domestic violence. I’m also currently in the middle of a divorce. We were seperated at the time when i was helping this person. If I accept this check, will I be legally bound to give her half of it?

Asked on June 2, 2012 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

If you are separated with no intent to reunite, your income is your separate property and the check for helping in the domestic violence situation is your separate property.  Your ex has no claim to your separate property.


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