QUESTION

Spouse & I walked away from our marriage twenty years ago. We never legally separated or divorced. Also we never came together again, nor cardnel know

Asked on Mar 10th, 2024 on Family Law - California
More details to this question:
Spouse & I walked away from our marriage twenty years ago. We never legally separated or divorced. Also we never came together again, nor cardnel knowledge "sex". Me husband recently got a bodily-injury case with an up coming settlement. My obvious question is; is she entitled to some settlement money? She never involved herself in adding in my recovery. Also she is currently living with another male who have she admitted sex with him in their bed. Is she entitled to some of my settlement?
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1 ANSWER

Commercial Litigation Attorney serving San Jose, CA
3 Awards
From what you describe it sounds as though you and your spouse separated when you each walked away and started living separately.  Assuming your injury occurred after the physical separation, your ex would not be entitled to part of your bodily injury claim unless community property was used to pay your expenses related to the injury.  Since you separated so long ago, that seems unlikely.   You may want to consult with a family law attorney.  And you may want to take steps to formalize the divorce at some point so you don't have these lingering questions.
Answered on Mar 15th, 2024 at 6:50 PM

This is a general response to a general question. I have not been hired and cannot act to help you unless we both sign a written fee agreement.

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