There is a general premise that settlement discussions are not admissible for the purposes of proving potential liability. Therefore, you cannot use in court a statement by your spouse that he or she was willing to take X dollars when you were negotiating, to support your position on an issue. The purpose is to encourage people to engage in settlement discussions without worrying that such statements may be used against them in court.

The "spousal privilege," however, is a different subject and usually does not apply in family-law cases.

Negotiations may be admissible in the dissolution proceedings when determining the issue of attorney's fees. The court can look at the negotiation positions of the parties pursuant to Family Code Section 271.

Mark P. Gross is a divorce lawyer and founding partner in the Sherman Oaks based firm of Brot & Gross. He appears in all of the branch courts of Los Angeles County and Ventura County. For more information call (818) 594-0800, visit his website or view his Divorce Magazine profile.