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My husband had a workers comp case he started in 2001 due to an injury on the job. He hasn't worked since. We recently became separated and I want to know if I am entitled to a portion of his settlement. I continued to work and raise our 3 children while he consistantely thought he was being watched by the insurance company! If legally half of my paycheck belonged to him, then half of his settlement should go to me.....it is considered "income". ??????? Anyone???? Help?????
Ann
that is for the courts to determine in your divorce.
Until there is a court order requiring him to give you some portion of the settlement, it is his.
Depending on what the setlement includes, it may or may not be considered income since it may or may not been solely for the loss of wages.
States differ in their approach to the division of worker's compensation settlements. It could also be a factor whether the settlement includes a past wage claim, or relates instead to future wages or medical.