Can I get part of my husband’s future disability benefits once divorced?

My husband and I both are on workers comp right now. He cheated on me and we have been separated for 1 year and 4 months. He is filing for divorce but while he was was on wc for over 5 years now and I just 1 1/2 years. I worked 3 jobs to help support us before I got hurt. I feel I got hurt from working too much thus causing me to get hurt while at work. He has not got a settlement yet but I want to low when he does am I able to get a part of it. If I don’t sign the divorce papers how long can I delay the divorce?

Asked on June 13, 2012 under Family Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Please speak with a lawyer in your area on this issue.  Generally speaking, future awards are not marital property.  However, awards made in the future for say past earnings are marital proeprty for distribution.  So you need to sit down with some one and pin down dates, etc.  Good luck.

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