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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption