Legal Question in Family Law in California

Workmans Comp

My wife and I are going through a divorce. Last year Aug. 2001 she was hurt at work. The week she left she started getting workmans comp. payments July 2002. What I would like to know is can I go after what she is getting? I feel half of what she is getting should be mine. I am not sure about the law though.


Asked on 9/19/02, 11:35 pm

2 Answers from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Workmans Comp

You have no right to the worker comp money. It would factor into support calculations, however.

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Answered on 9/20/02, 11:11 am
Edward Lindley Edward Lindley, Attorney at Law

Re: Workmans Comp

You could not be any more unclear about the pertinent dates if you tried, and you did, didn't you?

To the extent that the temp.disability payments were received prior to the "date of separation" alleged in the "divorce" papers, they would be community proprty. That received after that date is her separate property.

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Answered on 10/22/02, 10:46 pm


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