Family Code section 781 - Personal Injury Recoveries

Read More About Personal Injury Claims in Cal Divorce!


CALIFORNIA FAMILY CODE

DAMAGES FOR INJURIES TO MARRIED PERSON

Family Code Section 781

(a) Money or other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or pursuant to an agreement for the settlement or compromise of a claim for those damages, is the separate property of the injured person if the cause of action for the damages arose as follows:
(1) After the entry of a judgment of dissolution of a marriage or legal separation of the parties.
(2) While either spouse, if he or she is the injured person, is living separate from the other spouse.
(b) Notwithstanding subdivision (a), if the spouse of the injured person has paid expenses by reason of the personal injuries from separate property or from the community property, the spouse is entitled to reimbursement of the separate property or the community property for those expenses from the separate property received by the injured person under subdivision (a).
(c) Notwithstanding subdivision (a), if one spouse has a cause of action against the other spouse which arose during the marriage of the parties, money or property paid or to be paid by or on behalf of a party to the party's spouse of that marriage in satisfaction of a judgment for damages for personal injuries to that spouse, or pursuant to an agreement for the settlement or compromise of a claim for the damages, is the separate property of the injured spouse.

Testimonials & Endorsements

  • “If you are going through a divorce, The Law Offices of Thurman W. Arnold is in my opinion the best option available. Mr. Peterson and his assistant Jordyn are top notch. Not only is Mr. Peterson’s ...”

    - Josh Arguijo
  • “I am a Veteran and Retired Deputy Sheriff. My divorce involved complicated property distribution and spousal support issues. I spent considerable time looking for the best Counsel I could find before ...”

    - Jeff Jones
  • “I recently had the pleasure of speaking directly with Mr. Thurman regarding my pending Dissolution of Marriage. While researching legal issue I came across his Family Law Blog multiple times and ...”

    - Marc Rittner
  • “Needed to modify a settlement and hired Mike Peterson. Mike is very, very knowledgeable and experienced. When you are going through a divorce or child custody issues, it is the most terrifying and ...”

    - Donika McKelvie
  • “Micheal Peterson is very knowledgeable of law and can help you make the best decisions for your family. He does is job with integrity. He helps with giving discounts when he can . I would highly ...”

    - Vincent Hall
/

Contact Us

Call (760) 320-7915 or Fill Out This Form

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • Martindale Gold 2021
  • Martindale 2021
  • California Certified (CBLS)
  • Client Distinction - Thurman
  • Coachella Valley's Top lawyers
  • AAML
  • Super Lawyers - Michael
  • AV Preeminent - 2015
  • Avvo Rating - Superb Top Divorce Attorney
  • Super Lawyers - Thurman
  • Yelp