Question asked on Dec. 31, 2019
Q: I’ve been separated from my wife 3 years but still seeing each other I’m trying to get a divorce and see about getting some money that she wants from a lawsuit
A: It is a bit unclear exactly what you are trying to accomplish. If you are asking whether property (including proceeds from a lawsuit) are community property despite separation, the answer is “yes” under Forrest v. Forrest from 1984, unless a court finds “compelling reasons” why property should not be equally co-owned. You may find useful information on the divorce, property division, spousal support, and other pages of our web site, which you can access here. It would probably be wise for you to schedule a full consultation with a family law specialist to go over all of your options, costs, risks, and potential benefits.
