divorce

[acesneights41]

WIll workman's comp benefits be split in a divorce at least the benefits that we due during the marriage

 

[cbg]

There is no "we" with workers comp. Workers comp benefits belong to the injured worker.

 

[irish223]

Per your other thread,

http://www.thelaw.com/forums/showthread.php?t=30997

this is a lump-sum payment that represents back pay during your marriage. As such, it may be considered a marital asset. You will have to consult your attorney. (I assume you have one, since you should have retained one when your husband started talking about giving away marital assets, http://www.thelaw.com/forums/showthread.php?t=28604)

 

[cbg]

I interpreted the original post to be asking if a law required workers comp benefits, without exception, to be split in the event of a divorce. It does not.

Obviously if in your specific situation a lump sum benefit has been determined to be a marital asset, that is a different story, but we cannot answer the question with only the information provided in the first post.

 

[acesneights41]

What Information will I need for you

 

[irish223]

What Information will I need for you

You need a lawyer!

We can tell you that it MAY be considered marital. We can even tell you that it will PROBABLY be considered a marital asset. BUT, we would be negligent if we advised that it will absolutely, positively be considered a marital asset. You need to retain a lawyer.