Legal Question in Family Law in Arizona

Is she entitaled to any of my Workers Copmensation settlement?

I broke my back in a accident, after comming home from hospital I found the telephone bill of $600, she explained the she had been calling an old boyfriend. at that time I was immigrating my wife of 6 years and her son (not my son) of 19 y/o. two weeks after they were accepted by the immigration, they both left me alone at home with my back broke. I have an L-1 compression fracture and an L-5 torn disc. and I was using a walker and now use a cane to be able to get around.

now I wonder if I divorce her, can she get any of my settlement that I will receive from my settlement from Workers Copmensation? if so how much is she entitled to? thank you,--name removed--


Asked on 2/21/02, 9:02 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Is she entitaled to any of my Workers Copmensation settlement?

Thank you for your inquiry. In general, the portion of a personal injury settlement that is intended to compensate for LOST WAGES is considered "community property," and is divisible in a divorce. The portion of the settlement that compensates you for PAIN AND SUFFERING is considered "separate property," and is not divisible in a divorce.

Without specific details, I cannot give any additional information; however, if you would like to discuss this matter further, please feel free to schedule an appointment. My number is (480) 792-9770.

Thank you.

Monica Donaldson

Read more
Answered on 2/22/02, 12:39 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Arizona