Legal Question in Family Law in Georgia
I have been married 17 years. I have been out of work drawing workers comp. for 3 years and have applied for ssdi. If i get a divorce and then receive a settlement from workers comp., will my ex-spouse be entitled to any of it? What if I receive the settlement while still married? Would it then become community property and subject to community property laws?
1 Answer from Attorneys
There is no such thing as community property in Georgia. Georgia has equitable division, in which it is completely at the whim of a judge or jury as to how marital property is divided.
In many cases settlements for injury and disability are separate property not subject to division, but the income from such settlements could also still be awarded as alimony.
If you are contemplating a divorce, you need to sit down with a lawyer.
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