Can I get a portion of my husbands workman compensation settlement in divorce? 17 Answers as of October 28, 2011

Can I get a portion of my husband's work injury or workman compensation settlement?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
It depends. If it is for loss of income or earning capacity, yes. If it is compensation for injury to his person, No.
Answer Applies to: Texas
Replied: 10/12/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Possibly. This is an area where the Court has discretion to award you a portion, not to exceed 50% of the award if the injury took place during the marriage and before separation.
Answer Applies to: California
Replied: 10/11/2011
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
You can receive part of the portion that is for lost wages.
Answer Applies to: Ohio
Replied: 10/28/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
It might be possible. However, without detailed knowledge of the exact situation, all of your other property and debts, and a number of other factors, it is pretty much impossible to give you any specific advice.
Answer Applies to: Washington
Replied: 10/28/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Generally no. Worker's compensation which is paid for loss of future income is considered separate property. It is possible for a community interest to exist, but it is unlikely.
Answer Applies to: California
Replied: 10/10/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    There are too many variables affecting a possible answer to your question. Your may or may not be entitled to a share. You will need to discuss the situation with an attorney when you have all the relevant information about the settlement and the circumstances that resulted in the settlement.
    Answer Applies to: Colorado
    Replied: 10/10/2011
    Reza Athari & Associates, PLLC | Armand Fried
    There is no short and definite answer to that question, because it depends on a lot of factors about the workman's comp award. First, generally speaking, Nevada treats workman's comp awards as wage replacement. If that is the case for your husband's award, you can get a portion of all payments received during the marriage, but not of payments received after the marriage. Even the award was reduced to a lump sum, the court may still take into consideration the portion of it that is attributable to before the divorce and you would get a part of that portion. The Court may also look to when the right to receive the award was acquired or earned by your husband, and if during marriage, that would tend to be treated as community property. If the award is treated as (or expressly states that it is) for pain, suffering, disfiguration, etc., or states that it is separate, then it is the separate property of your husband even if it was aquired during the marriage. As I said, not a short and sweet "yes or no" answer. But generally speaking, unless the award is specifically labelled or apportioned otherwise, you can get a portion of at least that part of the award that was received or earned during the marriage tenure.
    Answer Applies to: Nevada
    Replied: 10/10/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    If it is for wage replacement for lost wages earned during the marriage then you can.
    Answer Applies to: California
    Replied: 10/7/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    The lost income portion of the award is presumed to be a marital asset and will probably be divided equally. The impaired future earnings portion of the award, if any, is considered income and can be used to increase spousal and child support. The pain and suffering portion of the award, if any, is personal to your husband and probably won't be divided equally but you may be awarded some of it, depending on the overall circumstances of your case.
    Answer Applies to: Oregon
    Replied: 10/7/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    The court will consider both community and separate property in making a fair and equitable division.
    Answer Applies to: Washington
    Replied: 10/7/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The answer us a qualified yes. If he is being reimbursed for lost wages, you may have a claim to a portion of those proceeds.
    Answer Applies to: California
    Replied: 10/7/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Yes, but you really should talk to a divorce attorney about this.
    Answer Applies to: New Jersey
    Replied: 10/28/2011
    Linda C. Garrett Law
    Linda C. Garrett Law | Linda Garrett
    It depends on the following: did the work injury occur during the marital period? If yes, then a person, under the set up facts you describe, would have a legal claim to a portion of the settlement funds. If the injury occurred before or after marriage, then the law states that the settlement proceeds would be the other spouse's separate property. I recommend you speak to an attorney to confirm the facts.
    Answer Applies to: California
    Replied: 10/7/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    It is part of the marital estate that is subject to equitable division
    Answer Applies to: Connecticut
    Replied: 10/28/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    This depends on very fact-sesitive information about your case. You need to consult with a family law and workers compensation attorney in order to get competent advice. The answer depends on how much of the award is for personal injury/disability and how much for economic issues (medical bills, lost wages, etc) and how the award is structured.
    Answer Applies to: Georgia
    Replied: 10/7/2011
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