Legal Question in Family Law in New Jersey

Equitable Distribution and Worker's Compensation

Husband and I were married in 1999. In 2000 he had work related accident and has been unemployed since. He has, to date, received $87,000 in comp and over $28,000 in SSD. His case is listed for a 2% Conference in September. On April 30, 2004 he left me for the comp lawyer's secretary and moved into her house. My attorney tells me I am only entitled to half the money for the boat he purchased. He just bought a house. My research tells me in Hughes v. Hughes and Steller v. Steller the uninjured spouse was awarded part of the settlement contrary to the WC statute which precludes same. He is being awarded a lump sum settlement. Does this money or a portion of it fall under equitable distribution as in the above cases. On several occasions I asked him comp attorney if I could file a per quod claim and he said no. Thank you for your help.


Asked on 7/12/04, 4:26 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Equitable Distribution and Worker's Compensation

You may be on to something. What is received in lieu of compensation for lost employment may be distributable. What is received in liew of bodily injury is not distributable. Give me a call.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 7/12/04, 10:23 pm


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