Is my ex entitled to injury settlement monies if the injury occured after the divorce was in process?

Asked about 1 year ago - Sauk Village, IL

I started a divorce in Jan. of '13 and I was injured at work at work in July but the divorce isn't final. She lives with another man and I live with a woman. At first she wanted nothing when she filed her response but now she thinks I'm getting money so she says she wants child support and alimony. She also wants half of the settlement if I get one. We haven't been together for years because of me being incarcerated and when I came home she was with someone else. I don't mind paying child support but I don't feel she should get any of this money if I get it. Is there any way to fight this?

Attorney answers (8)

  1. Judy A. Goldstein

    Contributor Level 20

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    Answered . Generally, any asset received during the marriage is considered marital However, under your facts, your wife will not likely get half your WC claim but the funds may play a part in how child support is calculated. As for maintenance (alimony,) it is very unlikely she will be entitled to any at all if she is and has been for a long time, living with another man. This question is best answered in detail by your divorce lawyer who has all the details of your case. Since you have posted it under WC, not many divorce lawyers will see your question. Rather than spending more time online, make a call to your lawyer.

  2. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

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    Answered . The general answer is that she is not entitled to half. The real world answer is that everything in a divorce is negotiable.

    This issue is one that should be handled by your divorce attorney. Make sure you do not cave on this issue without having a detailed discussion with your lawyer. Also, make sure both your comp attorney and divorce attorney work together with one another so they are both aware of the proceedings and that one does not inadvertently talk to your "almost" ex or her lawyer.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  3. Mark Dean

    Pro

    Contributor Level 14

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    Answered . It appears this a work comp settlement? If so, it is a marital asset. You need a family law attorney who has dealt with this sort of issue before.

    The contents of this post do not establish an attorney-client relationship. Any comments made in this post are... more
  4. Peter Daniel Corti

    Pro

    Contributor Level 12

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    Answered . Stephen and Judy, the first two lawyers that have answered your question are correct , all you need to do is follow their advice.

    No attorney client relationship has been formed until you sign a representation agreement.
  5. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

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    Answered . She has NO claim to the money. You already have a divorce attorney AND a WC attorney. Why don't you ask them?

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  6. Christian K. Lassen II

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    Answered . You have a lawyer to consult on this

  7. Joseph Jonathan Brophy

    Contributor Level 20

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    Answered . It is not unusual for a spouse to ask for a share of a personal injury settlement in a divorce settlement. When the parties were already living apart when the accident occurred, the chances are that the injured spouse keeps the whole injury settlement. The request for alimony has no basis where the wife wasn't being supported during the marriage because the husband was incarcerated. Child support is another matter. The father has an obligation to support the child going forward. If there is already an award for back child support, any assets of the party owing the child support can be taken to pay it.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  8. Dean George Tsourakis

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . No she is not.

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