If I’m going through a divorce, is my wife entitled to 1/2 of my worker’s comp award?

UPDATED: Apr 5, 2012

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If I’m going through a divorce, is my wife entitled to 1/2 of my worker’s comp award?

I also received an inheritance undermy name but it is for older daughter (who happens to be my wife’s step daughter). This friend left that my money for my daughter not for my wife or myself. Is my future ex-wife entitled to half of this money? I live in a community property state.

Asked on April 5, 2012 under Family Law, California


Hong Shen / Roberts Law Group

Answered 10 years ago | Contributor

If the worker's comp is received during marriage, then yes it is community property and your wife is entitled to half for it is intended to compensate community loss during marriage due to reduced wages. If the worker's comp is received after separation then it is your separation property.

Inheritance is separation property of the receiving spouse.

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