If I have been supporting my husband for 4 years while he waits for a workman’s comp settlement, what am I entitled to in a divorce?
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If I have been supporting my husband for 4 years while he waits for a workman’s comp settlement, what am I entitled to in a divorce?
Asked on February 19, 2012 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation but I would speak with a seasoned attorney in your area on the matter. Certain states do not include the payment - which I am assuming is a lump sum - as marital property at all while some do. California, however, looks to what exactly the award is for - future lost earnings, future medical benefits - and awards based upon that determination. An award for future lost earnings - meaning after the parties are separated - would then charachterize the sum as separate property. Good luck.
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