Divorce After A Workers Compensation Case

If you become injured while working, or become sick due to your work, you will likely be awarded workers compensation benefits. However, if you plan to get a divorce, it can be extremely difficult to determine who will be entitled to the benefits you have received for workers compensation. Some questions you may have include if your ex-spouse will be able to claim any of the money you have received. The answer to this question is dependent on a number of factors. It is not uncommon for attorneys to work closely with other law firms with different focus areas. A New Jersey divorce lawyer, for instance, may work closely with an Elizabeth NJ workers compensation lawyer. Together, these attorneys can certainly help you navigate the legal system.

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If the benefits you receive for workers compensation are treated as wages, then the claim your ex-spouse will have will be dependent on when the accident actually occurred. If the injury occurred during your marriage and you received payments during your marriage, the compensation benefits will be treated as marital property, which means you will be required to share the benefits. If the injury took place before or after your marriage, it will not be shared.

If the benefits are considered disability pay, any amount received during the marriage is considered community property and payments given after the marriage are separate property.

When the workers compensation is considered a personal injury award some of the payments will be considered separate property and some will be considered marital property. It is important to keep in mind that there are some states that consider any workers compensation payments marital property if the accident took place during the time of the marriage.

If you have any questions, contacting a divorce attorney will help you understand what you are entitled to and what your spouse may be eligible to receive.

Resources:

Workers compensation lawyers in Palm Beach, Florida: Franks & Koenig

Workers compensation lawyers in Elizabeth NJ: Rispoli & Borneo

Divorce lawyers in Washington, DC: Steve Weisbaum

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