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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Is a compensation settlement community property in a divor

Customer Question

is a compensation settlement community property in a divorce
Submitted: 5 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 5 months ago.
Good morning. Compensation a party received for personal injuries during the marriage not related to loss of wages or earning capacity during the marriage, would be considered separate property and something which the other party may not be entitled to. A lot depends on the facts of the case, the situation and if the settlement money was commingled or kept separate.
Customer: replied 5 months ago.
not satisfied still unclear does not explain what commingled means or how comp cases are broken down
Expert:  FamilyAnswer replied 5 months ago.
Not a problem and I am happy to respond. Allow me a moment.
Expert:  FamilyAnswer replied 5 months ago.
When I say commingled, it would refer to a situation where you were awarded a check for X amount of dollars but then deposited the check in a joint bank account and used it for your expenses with your spouse. The funds would be mixed together and used for things which benefited both of you. However, if you were to deposit the check in a separate account, you could show the money was never touched or used to benefit both parties. As far as the breakdown, your attorney would be entitled to a percentage of what was recovered and settled and then rest paid to you, after fees and costs are covered.
Expert:  FamilyAnswer replied 5 months ago.
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