Legal Question in Family Law in Colorado
Is wife entitled to workmen's comp settlement
I am currently married with 3 children and will soon be seeking a divorce. My wife refuses to get a job and lives in an apartment that is only under my name. I pay all the bills and take care of the children in the evening when she ''goes out''. I was injured at work a couple months ago and I should be receiving a workmen's comp settlement worth about $25,000. My wife threatens that she can, ''put a hold on the check''. I just want to know if we get a divorce in the next couple months is she entitled to any part of the settlement?
1 Answer from Attorneys
Re: Is wife entitled to workmen's comp settlement
Thank you for your inquiry.
The general rule is that a worker's compensation award is separate property to the extent it is meant to compensate the recipient for future lost wages and income (that would have been after the dissolution of marriage). Under the general rule, a portion of the award therefore could be considered marital property if it is characterized as a payment for something other than future lost income, such as past lost income.
Under the circumstances, I would recommend that your consult with an attorney to analyze the nature of your worker's compensation settlement, and how that may impact your dissolution of marriage action.
Best of luck to you.
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