CALL US NOW
TEXT US NOW
Is My Ex-Spouse Legally Entitled to Any of My Workers’ Comp Check After Our Divorce?
Division of marital assets can be quite complex and cause a great deal of friction and animosity between soon-to-be divorced or ex-spouses. However, to directly answer the question, a former spouse may be entitled to a portion of the injured spouse’s workers’ comp benefits if the injury and subsequent benefits occurred during the marriage in Florida.
Florida law states that any income acquired during a marriage is considered an asset. For this reason, the benefits may be subject to what is known as equitable distribution. However, if an individual was injured on the job and began to receive benefits after a divorce, assets such as workers’ comp benefits are solely those of the beneficiary.
What is Marital Property?
Marital property is a legal term used to define any property, money, or other earnings acquired during the marriage. Often this refers to real estate, vehicles, and money received from investments. However, any property, money, or holdings acquired before a marriage begins or after a marriage ends are considered the sole property of each spouse.
Nevertheless, suppose you suffered an injury at work and began to receive workers’ compensation benefits while you were still legally married, even if you were separated. In that case, your spouse may be able to receive a portion of it in the divorce. This is because the earnings may be considered assets obtained during the marriage.
April Gibson
I must admit first impression was a little iffy as it had been a week since my husband signed papers and we hadn't heard anything. Today I emailed and said that I hadn't heard anything from them in almost a week and I wasn't even sure who my husband's attorney was. Within minutes I was receiving a phone call from the law firm and the gentleman put me in touch with my husband's paralegal who works with his attorney and she did an intake and was very friendly. Her name was Emily chica. She answered all my questions she let me explain everything about my husband's injury that I felt she needed to know even if she didn't need that information she still let me explain it. She gave me a very detailed timeline of how the next several months will go with the case and told me in order of everything that would be happening next. Then she also gave me the date and time that she'll be calling us and checking in with an update, which is one week away. She was kind and concerned and asked how we were doing since my husband is on unpaid FMLA leave. Even though my husbands job told him he could not return to work until certain stipulations were signed she reassured us that the disposition she sends to workers comp would see to it that he sees the doctors he needs to see at which point those doctors would give specifications for my husband to return to his normal job or his job would have to find him a different position to do and if that was not possible then they would have to pay him for being at home. This was comforting to hear since we unfortunately solely rely on my husband's income and we also have three children two of which are starting back to school and need school supplies, school clothes, haircuts, & new shoes. So I am optimistic and feel confident in our choice to work with this Law firm.
Are There Any Reasons Why My Ex-Spouse Would Not Be Entitled to Some of My Workers’ Comp Check?
Even though the law typically divides all marital assets between two former spouses, there are reasons why the court would decline to perform such action. However, as stated previously, every divorce is different and can’t always be used as a standard to judge other similar cases.
Can an Attorney Help Me Keep All of My Workers’ Comp Benefits?
Going through a divorce can be one of the most challenging periods in a person’s life. If you’ve been injured on the job and are receiving workers’ comp, it can be upsetting to think that a portion of your money may be granted to your former spouse. Most injured workers depend on the benefits they receive to pay bills and other living expenses.
However, each situation is different, and the outcome can significantly depend on the facts and circumstances surrounding the case. One of the best measures you can take to protect yourself financially is to consult with a knowledgeable Workers’ Compensation attorney who can advise you of your rights and help you understand your legal options.
For more information about the division of marital assets and workers’ comp benefits, contact RTRLAW as soon as possible. Our full-service law firm in Florida has highly experienced attorneys in Family Law and Workers’ Comp who will gladly review your case and help determine the best legal strategy for your situation.
