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.
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.
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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
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
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 general in nature and may not apply to the specific facts and law of your case.
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. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com
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.
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