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.
The 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.
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 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.