During a divorce you and your former spouse are dividing property and assets, but what if you also have a court case? Do you have to divide any of your case proceeds or settlement?  Determining if a divorce will impact your case or settlement proceeds begins with determining whether you live in a community property state or non-community property state. Whether your state is a community property or a non-community property state determines how a court will characterize property in the event of divorce.

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