Am i entitled to my husbands workers compensation settlement in a divorce in kansas

UPDATED: Oct 3, 2017

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Am i entitled to my husbands workers compensation settlement in a divorce in kansas

We have been married for 25 years and I worked the majority of this time. He
worked in periodic stints.

Asked on October 3, 2017 under Family Law, Kansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

That is because the law in Kansas is not cut and dry as to the proceeds.  Apparently the law in your state requires the trial courts to decide what exactly the award is for: to compensate an injured spouse for post-dissolution lost earnings or loss of earning capacity or to compensate for "a diminution of the marital estate"  that is, compensation for past wages, medical expenses, and other items incurred during the marriage.  If they are post-dissolution compensation: not marital.  If they are for past wages, etc.,: marital.  Have your attorney do the analysis.  Good luck.

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