Can my wife take my worker man compisation award or settlement in divorce

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Can my wife take my worker man compisation award or settlement in divorce

Oregon Worker compisation award and
settlement are in negotiations .

I have received one partial award
payment

We are married Washington residents

Asked on May 23, 2019 under Family Law, Washington

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The process the court follows to divide workers’ compensation benefits depends on what the benefit is supposed to replace. If it is meant to replace theinjured spouse’s income, or cover medical expenses that would have occurred during the marriage, then it’s considered to marital property. However, if the award covers an injured spouse’s future lost wages, disability or medical expenses, the court will most likely treat the income as separate property. Since neither your settlement or divocrce is finalized, you should consult directly with a local divorce attorney; they can best advise further after reviewing all of the details of your case.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The process the court follows to divide workers’ compensation benefits depends on what the benefit is supposed to replace. If it is meant to replace theinjured spouse’s income, or cover medical expenses that would have occurred during the marriage, then it’s considered to marital property. However, if the award covers an injured spouse’s future lost wages, disability or medical expenses, the court will most likely treat the income as separate property. Since neither your settlement or divocrce is finalized, you should consult directly with a local divorce attorney; they can best advise further after reviewing all of the details of your case. 


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