If I have been supporting my husband for 4 years while he waits for a workman’s comp settlement, what am I entitled to in a divorce?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I have been supporting my husband for 4 years while he waits for a workman’s comp settlement, what am I entitled to in a divorce?

Asked on February 19, 2012 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation but I would speak with a seasoned attorney in your area on the matter.  Certain states do not include the payment - which I am assuming is a lump sum - as marital property at all while some do.  California, however, looks to what exactly the award is for - future lost earnings, future medical benefits - and awards based upon that determination.  An award for future lost earnings - meaning after the parties are separated - would then charachterize the sum as separate property.  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