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 ?


Asked on 2/06/08, 11:05 am

2 Answers from Attorneys

Peter Olson The Olson Law Firm, LLC

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.

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Answered on 2/06/08, 11:15 am
John Steele Steele Law Firm

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.

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Answered on 2/06/08, 12:26 pm


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