Work Comp Settlement

**udriver02** · 03-22-2007, 09:10 AM

I have been married for 5 1/2 years. My second my wifes 3rd. my first lasted 24 years hers last only 5 years. I injured myself at work in 1990. have had 10 surgeries over the years to keep me going on my job. it finally looks like I cannot do it no more. Have been off work and on comp for 2 years now. marriage has been rocky for about 3 years now, but wife always had a excuse why and I was always willing to keep trying. I now know that the reason why she wanted to keep trying was that I would someday get a settlement from workers comp and she thinks she would get half at divorce. Can a spouse get half of a comp settlement in a divorce since it is my understanding that a settlement is for future wages. No kids involved. I live in michigan. Also is there a mariage time period on a second marriage where as the spouse can touch a pension. thanks for your time in responding.

**Dad2** · 03-22-2007, 11:27 AM

5 1/2 years is a short term marriage, based on that fact alone, she probably wouldn't get that settlement. However, there's a dozen other things the courts consider when awarding spousal support.
Has she been working during your marriage?
Will she be able to work after the marriage?
Do you own a home?
You might end up with a good part of the household debt, depending on who makes more.
Heck, if she makes a buttload of cash, YOU could get spousal support

I wouldn't lose sleep over it though. Take $4k of that settlement, get a good lawyer.

**aaron** · 03-22-2007, 02:02 PM

The Michigan Court of Appeals has held,

Quoting Evans v Evans, 98 Mich App 328, 330; 296 NW2d 248 (1980), emphasis added

Since the Worker's Disability Compensation Act was enacted to assist both the worker and his dependents, i.e., his spouse, we conclude that such benefits received during the course of the marriage should be considered a marital asset.

Also,

Quoting MCL 552.18. - Vested pension or retirement benefits accrued during marriage as marital property.

(1) Any rights in and to vested pension, annuity, or retirement benefits, or accumulated contributions in any pension, annuity, or retirement system, payable to or on behalf of a party on account of service credit accrued by the party during marriage shall be considered part of the marital estate subject to award by the court under this chapter.

Unvested pension or retirement benefits accrued during marriage as marital property. (2) Any rights or contingent rights in and to unvested pension, annuity, or retirement benefits payable to or on behalf of a party on account of service credit accrued by the party during marriage may be considered part of the marital estate subject to award by the court under this chapter where just and equitable.

Amendment of prior orders to comply with eligible domestic relations order requirements. (3) Upon motion of a party or upon consent of the parties, an order of the court under this section entered before the effective date of the amendatory act that added this subsection shall be amended to satisfy the requirements of an eligible domestic relations order and to effectuate the intent of the parties or the ruling of the court. As used in this subsection, "eligible domestic relations order" means a domestic relations order that is an eligible domestic relations order under the eligible domestic relations order act.

**udriver02** · 03-23-2007, 07:51 AM

Quoting aaron

The Michigan Court of Appeals has held,

Also,

thanks for responding. i seen the case you quoted. i am having a hard time understanding it. i am receiving w/c benefits now and am using it towards the bills and every day life. it is the settlement that it is my understanding is for future benefits ( instead of getting a check every week for 5,6,7 years) it comes in one lump sum. it is my understanding if i chose to just take the weekly checks then it would be treated just like a pay check. thanks again for responding.