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Is my wife entitled to any of my workmans comp claim in the divorce?

1 Answers. Asked on Jan 25th, 2013 on Divorce - New York
More details to this question:
I was injured on the job in April of 2010 and am still on Workmans Comp. I am also now recieving Soc Sec Disability. Because I am 75% disabled and don't have a high school education, I am still unable to find work. (I had a nice career prior to the injury as a HVAC Tech, but I am no longer able to perform in that capacity due to my injury) My wife and I seperated in October of 2010, (although we never filed a legal seperation). She is currently employed. My question is this...Is she entitled to any part of my Workman's Comp award? I am near poverty, on medicare now and have no idea what I am going to do for a career in the future, I have taken on all the marital debt and still give her several hundred dollars a month as "unofficial" maintanance. I cant afford a lawer or I would have initiated the divorce already. I am hoping that whatever settlement I receive wont have to be shared with her. Can you please advise?
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Morghan Leia Richardson, Esq. at Richardson Legal PLLC
Licenced in NY
Answered on Jan 30th, 2013 at 12:36 PM

Generally, Equitable Distribution law provides that marital property is all property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action (divorce).

Compensation received for personal injuries is regarded as separate property.  Separate property should be kept separate in order to keep it from becoming marital (so if you put it in an account with only your name, that keeps it separate; if you put it in a joint account you may be co-mingling it and changing it from separate to marital).

If you and your spouse agree on the issues of your marriage (such as property division and child support/custody), you can get an uncontested divorce.

My office has a website for uncontested divorces: www.NYDivorceShop.com

--

Best Regards,

 

Morghan Leia Richardson, Esq.

 

Richardson Legal PLLC

31-08 Broadway, Suite 204

Astoria, New York 11106

www.RichardsonLegalPLLC.com

Tel: 212-537-6744

Fax: 212-574-3337

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Divorce
Ending a marriage is more than just an emotional process--it's also a legal process. The court must approve your "dissolution of marriage" petition, and will also rule on issues related to the division of property, alimony (also known as spousal support or maintenance), child custody and child support. A divorce or family law attorney can help guide you through the divorce process, while also negotiating with your soon-to-be ex-spouse and his or her divorce lawyer. It's important to note that ethics laws prohibit the same law firm or attorney from representing both spouses in a divorce. Even if your divorce is an amicable one, it's critical to have your own legal representation to ensure that you're treated fairly at all stages of the divorce proceeding.
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