Perez v. Perez

Plaintiff instituted a declaratory judgment action seeking a share of a lump-sum payment defendant received as a settlement under the Federal Employers Liability Act. The injury, for which the settlement was accorded, took place during the marriage of the parties and while he was an employee of the railroad. The settlement, received after the parties were divorced, was not before the court in the divorce action. The trial court found the settlement to have been community property, and after deducting expenses, awarded one-half of the net figure to the plaintiff. Defendant appeals.

Defendant…