Is a wife entitled to any part of a workers compensation claim in a divorce?

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Is a wife entitled to any part of a workers compensation claim in a divorce?

My husband has been contacting lawyers to try to get papers signed behind my back to see that I cannot touch any of his settlement money. He is on workers compensation; now disability payments have stopped and the settlement is close. We were supposed to go to the lawyers and get the checkbut for the last month he has been stalling. I don’t know what is going on. Can he legally have his friend be a POA or however he goes about it and leave me with all this debt (he forged my name on credit cards and checks)? Can he do that to me? We have been married for 9 years and have a son together. Do I have any rights?

Asked on November 16, 2010 under Family Law, Illinois

Answers:

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

Answered 11 years ago | Contributor

It is my understanding that in Illinois, workers Compensation claims and/or personal injury claims, (where the claim accrued during the marriage), is considered to be marital property as per a decision by the Illinois Supreme Court in their interpretation of the law section 503(a).  I would go and seek legal help from an attorney in your area as soon as you can on this matter.  He can give anyone POA but he can not hides assets or dissipate assets and you are entitled to do all the investigative work you need to make sure that this does not happen.  And as for the forgery, keep track of all of that for trial. Good luck.


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