QUESTION

Am I entitled to my estranged husbands upcoming NYS workers comp/lost wages settlement?

Asked on Sep 23rd, 2014 on Divorce - New York
More details to this question:
While still living with my estranged husband, he was involved in a work related MVA. During this time, both the financial burden, as well as physically helping him through the recovery of (2) surgery's; back and neck, fell upon myself. When monies did come in from SDI and workers compensation, all was in his name. I received nothing except for the fact that he was then able to start helping again with the daily living expenses. He is now in the process of receiving a Workers Compensation/Lost Wages settlement, for which I believe by NYS law, that I am entitled to half. I have now been served Proposed Judgment of Divorce was mailed to me on August 15th, 2014. On these papers, he has stated that I ABANDONED our marriage, I believe, in hopes that this would keep me from being able to receive my portion of this settlement. court documents and police records show he was asked by the police to leave our residence proving that I did NOT abandon. What can I do? please email response. ty!
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1 ANSWER

Divorce Attorney serving Chappaqua, NY at Browde Law, P.C.
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Abandoning the relationship has nothing to do with any economic entitlement. That having been said I doubt you have any entitlement to such an award.
Answered on Sep 24th, 2014 at 7:10 AM

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