Legal Question in Family Law in Pennsylvania
divorce
in middle of my divorce, husband has comp settlement coming soon, I left him before he got hurt, am I entitled to any portion of the settlement? We still date and are intimate. He also has a pension, in more than one place, I assume I am entitled to some of that?
2 Answers from Attorneys
Re: divorce
I can't speculate on what part if any you'd get of the workman's comp claim.
As to the pensions you will get a percentage based on the coverture fraction. This fraction is determined by taking the number of months you were married divided by how long in months the pensions have been in existence. Because there is more than one the fraction will have to be determined for each pension. There are other components to the calculation but that's one of the important pieces of it.
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{John}
Re: divorce
I'm a little puzzled. You say you are in the middle of a divorce. If no decree has been entered and you are still intimate then I don't know that the fact that you were separated at the time he was injured has any bearing on your claim against the WC settlement. The issue of a spouse's entitlement to proceeds of a personal injury settlement of another party is rather complicated and this throws a further complication into the mix. You should really discuss this with your own divorce attorney.