Saturday, October 5, 2013

Can my husband get half of my workman's comp case if we are getting divorced?

Q: The money I received for settlement of my workman's comp case is all ready spent. I live in New York. The money went into my account because we don't have the same bank accounts. My husband and I spent it together on things for the house. Does he still have rights to half of it?

A: It is correct that, generally, only assets which currently exist are divisible in a divorce case. Thus, if the money is gone, then there is no claim he'd have. It would have been unlikely he'd have a claim to it anyway, as usually compensation for personal injuries are considered one's separate property so long as the funds remain segregated in a separate (i.e., not joint) account.  -- David Bliven, Westchester Family Law attorney (

No comments:

Post a Comment