I have filed for divorce and my spouse received to settlement payments. Am I entitled to half of the payments?

Under Wisconsin law, compensation received from an injury case is not exempt as it is not a gift nor an inheritance, which are the only items excluded from presumed 50/50 property division. However, the case law dealing with injury money, basically allows the court to deviate from 50/50 property division to award the injury money to the injured party. The non-injured spouse is entitled to receive a portion of the settlement dealing with compensation for paying unpaid medical and hospital bills and any loss of wages due to the injury. That would cover the worker's compensation injury cliam. In regard to the social security disability claim and the worker's compensation claim, regardless of property division rights, the money clearly can be used to cover child supprot and spouseal support (maintenance). It is not excluded under DCF 150 guidelines under WI state law. Further, if you have minor children, they will receive an automatic share of the social security disability portion of the claim, under federal law.