Legal Question in Family Law in California

workers comp settlement

my husband and I have been married for 3.5 years after 3 months of marriage he was hurt at work and could not work I was a stay at home mom but had to find a job and go back to work. He wa getting disability payments and the workers comp payments during this time. He also started going to school while I kept getting higher paying jobs. He gratuated in december of last year ad February we separated now we are filing for divorce. He will be getting a large settlement from workers comp and I need to know if I am entitled to half of this setlement since we are still married. Please advice.


Asked on 6/26/02, 1:42 am

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: workers comp settlement

You should be entitled to 1/2 of that part of the workers comp settlement attributable to past wages. Any part attributable to future disabiblity you are not entitled to.--at least not directly. However, the amount he receives is attributable as income to him to offset the spousal support you may have to pay him.

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Answered on 6/26/02, 1:13 pm


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