QUESTION
Is disability compensation a separate property?
Asked on Oct 19th, 2012 on Divorce - Indiana
More details to this question:
In the process of a stipulated judgement. I was awarded a disability compensation in 1990 I married in 1995 the funds from this are in the form of a savings account in which she hasn’t had access to or contributed to. Is this separate property?
7 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes.
Answered on May 21st, 2013 at 2:09 AM
Leonard A. Kaanta
Yes.
Answered on May 21st, 2013 at 2:09 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally, property acquired before marriage is considered separate property unless it has been commingled during the marriage. How separate property is treated in a divorce, however, is not identical in every state so you need to consult an attorney in the state where your divorce is, or will, occur.
Answered on Oct 24th, 2012 at 6:58 AM
You might have an argument for separate property, but if this account is your only income during the marriage, your spouse would have a right to half of the amount that accumulated during your marriage.
Answered on Oct 24th, 2012 at 5:23 AM
Under the facts stated, the disability should be separate property. You should consult a family law attorney to review the disability and all the attendant facts to be able to advise you how to proceed.
Answered on Oct 24th, 2012 at 12:48 AM
Yes it is. Disability is separate property and the only reason it is relevant to the case is if it generates some current income which can be used for payment of support.
Answered on Oct 24th, 2012 at 12:48 AM
Nothing starts out as separate property in Indiana. If it is truly for a disability award, then you may get to take it out of the marital pot, but there is a lot of information needed before anyone can advise you of that likelihood. You are going to need to get an attorney to protect that money.
Answered on Oct 23rd, 2012 at 10:23 PM