California Divorce Laws for Personal Injury Award

By Wayne Thomas

Every divorce presents unique issues to be resolved by agreement of the parties or by the court. In California, money damage awards related to personal injuries are subject to special rules and treatment by judges. Although most types of property acquired during the marriage are divided evenly between spouses upon divorce, personal injury awards are almost always awarded in full to the injured spouse. However, a judge does have discretion to award up to 50 percent of the damages to the non-injured spouse if justice requires.

Classifying Property

California is a community property state. This means that a judge is required to divide all marital property evenly between spouses. Marital property, known as community property, generally includes all property acquired during the marriage, but does not include property bequeathed to one spouse individually by inheritance or gift. Property not considered community property is referred to as separate property and is not subject to division.

Timing of the Action

In California, personal injury awards payable to one spouse are generally considered community property if the cause of action arose during the marriage. However, personal injury awards are considered separate property if the cause of action arose while the spouses were living separate and apart or after a judgment of dissolution of marriage.

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Special Considerations

Although personal injury awards based on a cause of action arising during the marriage are considered community property, judges are not required to divide the award evenly between spouses. Special rules apply in these instances and a judge has the discretion to take into account the economic conditions and specific needs of the parties. Thus, a portion of the award could go to the non-injured spouse, if justice requires, or wholly to the injured spouse.

Practical Application

Despite judges having discretion over how to distribute a personal injury award in California, more often than not the award is granted to the injured spouse in its entirety. In fact, California courts have interpreted the law regarding personal injury awards as an exception to the community property rule. While damages of this type are technically considered community property, they are to be treated as separate property upon divorce and divided between spouses only in extreme cases of injustice. Even in such instances, a judge is not allowed to award more than 50 percent of damages to the non-injured spouse.

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References

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Florida divorce laws are similar to most states' divorce laws in permitting a married couple to divorce based on the principle of "no fault." Under this principle, the fact that one spouse engaged in adulterous behavior during the marriage is irrelevant to whether the parties are entitled to a divorce. However, in some limited situations, Florida divorce laws do consider adultery a factor in determining how marital assets are divided, the amount of alimony payments, and child custody arrangements.

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The penalties for committing adultery vary widely from state to state. In California, adultery is not even a ground for divorce. However, at the time of publication, in South Carolina, adultery is a criminal offense punishable by a fine of up to $500 and a jail sentence up to a year. Depending on where you live and how you choose to legally address the transgression, the court could either not hold your spouse responsible for straying or award you a monetary settlement for his infidelity.

North Carolina Statutes on Marital Misconduct

Marital misconduct is unacceptable behavior committed by a spouse during a marriage in North Carolina. A spouse may use marital misconduct as a reason for a legal separation and for postseparation support -- which is awarded during proceedings and before a final alimony order. Marital misconduct may also influence the court's decisions with regard to alimony.

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