Legal Question in Family Law in Illinois
workmans comp claims
i am seperated and have just recieved a settlement on a workmans comp claim is my soon to be ex entitled to any of my settlement ?
2 Answers from Attorneys
Re: workmans comp claims
Well, the settlement is clearly "marital property" that is susceptible to division as part of a divorce. I wouldn't "advertise" it to your spouse. If you're pursuing a divorce it's part of the case but just one item.
My answer would change if you're "legally" separated...I'm assuming you're just simply not living together.
Re: workmans comp claims
Yes. Unfortunately for you. Unless you can show that the irretrievable breakdown of the marriage occurred prior to the settlement. I would have to know when the last time you two were together and when the settlement was received. A couple of other things would be helpful to know.