Legal Question in Family Law in Illinois
I am going thru a divorce, my soon to be ex was icarcerated in a federal prison in April 2009 she is still there, i was injured on my job in dec 2008, and i received a settlement in April 2010 of 36,000. Is she entitled to any of this settlement and if so how much? I spent most of it paying back my family loans, living expenses and supporting my minor son (not her child) but i was forced to move out of our home in June 2009 due to foreclosure, and left most of the household belongings behind.
1 Answer from Attorneys
In Illinois, worker's comp or personal injury settlements earned during the marriage are considered marital property, but courts typically award more of the funds to the injured spouse since they were the ones going through the pain and suffering, et cetera. There are no clear line rules on this - meaning I cannot tell you how a court would divide the settlement funds offhand. If you used the funds to pay for marital expenses, however, she would not likely be entitled to recover any portion of the funds. Marital assets used to pay for marital expenses do not need to be repaid.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
