In Re Marriage of Fisk

The sole question raised in this appeal is whether the spouse of an injured person who, during their marriage, used community property to pay expenses resulting from the injury is entitled to reimbursement for his or her share of the community assets so expended when such reimbursement is sought from a workers’ compensation permanent disability award received by the injured spouse after separation.

Appellant Rita Marie Fisk contends the workers’ compensation permanent disability award respondent Edward Elton Fisk was to receive after their separation should be considered community property because, for two years prior to separation, community savings were depleted and the community went into debt in order to pay expenses resulting from respondent’s injury. Appellant argues the disability award should be characterized a community asset in order to offset community liabilities which arose from the injury.

Even if the award is respondent’s separate property, appellant asserts “it is subject to an equitable claim for reimbursement to the community under Civil Code [section] 5126 . . . .” Subdivision (b) of this section provides that the marital partner of an injured spouse…