My husband and I are probably getting a divorce. He was injured on the job and will soon receive a final worker''s comp settlement for his injuries

  Unless the parties enter into a settlement agreement and present that to the court for incorporation into the final order, Georgia courts use the "equitable division" approach to divide marital assets upon divorce. Under this approach, each spouse takes their separate assets/property and the court divides the assets/property acquired during the marriage on an equitable basis. The courts are generally authorized to effectuate an equitable division all property, real or personal.  This includes pensions or other employment benefits, settlements, etc. acquired by either spouse during the marriage.    Your husband's income received during the marriage would be considered a marital asset, as would a settlement that he received during the marriage for on the job injuries.  Thus, his settlement payment would be subject to equitable division. It is important to note though that equitable division does not necessarily mean half.  It means a fair share based on the facts and circumstances of your particular case.  Some of the factors that the court usually considers include: 1. The parties' standard of living during marriage; 2. The earning capacities of both parties; 3. The education and vocational skills of both parties; 4. The current income of both parties; 5. The age and heath of the parties; 6. The separate assets, debts, and liabilities of the parties; 7. The needs of each of the parties; 8. The contributions each party made towards the acquisition of existing marital assets; 10. Each party's enhancement of the value of existing marital assets; and, 11. Whether either party has dissipated or diminished the value of the martial assets by wrongful conduct.