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
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
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
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
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
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