QUESTION
Is my wife entitled to my worker's compensation claim if she filed for divorce 6 months ago?
Asked on Mar 05th, 2013 on Divorce - California
More details to this question:
My wife filed for divorce.6 months later, I got hurt at work. Is she entitled to a part of my worker’s compensation claim?
7 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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Possibly, I would have to know all of the details and the genesis of your workman's comp claim.
Answered on Mar 07th, 2013 at 7:28 PM
Divorce and Family Law Attorney serving Hillside, IL
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The Law Office of Vincent C. Machroli, P.C.
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Yes, if she wants to. This might be able to be avoided through negotiations (such as, you agree to not pursue something of hers in exchange for her not pursuing part of your injury claim). Since the injury occurred while you were still married, the claim is marital property subject to split in the divorce.
Answered on Mar 07th, 2013 at 7:14 PM
John Arthur Smitten
No, it is mostly your money
Answered on Mar 06th, 2013 at 1:35 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The claim will be assumed to be community property which the court can divide. I suggest you hire a lawyer.
Answered on Mar 06th, 2013 at 1:35 PM
No Workers compensation settlements are your separate property
Answered on Mar 06th, 2013 at 1:35 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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No. Its for your injury post date of separation.
Answered on Mar 06th, 2013 at 1:34 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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She may be entitled to a portion of workers compensation for past losses, but not to compensate for loss of future earnings, although generally, this would be awarded in its entirety to the injured spouse.
Answered on Mar 06th, 2013 at 1:34 PM