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Ex-spouse entitled to my workers comp benefits in my divorce?

Chhabra & Gibbs, P.A. > Blog Posts  > Ex-spouse entitled to my workers comp benefits in my divorce?

Ex-spouse entitled to my workers comp benefits in my divorce?


Maybe.  It depends on the benefits at issue.  I recently had the opportunity to testify in chancery court about whether workers compensation benefits were marital assets to be equally split in the divorce with the spouse.  Every case is different, but in this case, the husband had received weekly payments for a period of 4 years, some argued to be before the parties separated and some after.  Then well after the separation, the husband received a settlement package worth more than $300,000.  The wife wanted her share.  My testimony was that the settlement was intended for future lost wages and for future medical treatment covered by a Medicare Set Aside (MSA), therefore they were not a marital asset.  The benefits paid during the marriage aside from the settlement were marital assets in my opinion, but the husband should get credit for the monies he used to benefit the marriage during that time.

Nobody wants to be in a divorce with their spouse, but we have found that many people who get injured start to have marital problems.  You are already going through enough with the pain, treatment, reduced compensation for wages, stress, and to top it all off, it is hard on a marriage.  If you find yourself in this unfortunate position, you should get some free legal advice from a law firm as experienced as ours to help navigate the difficulties in dealing with the insurance company and the divorce court.  The consultation is free and confidential.

You can call our office at 601-948-8005, or go to our website at https://www.cglawms.com/ and we will be glad to give you pressure free, honest, independent, and free advice about your best options in proceeding.  And as always, there is no obligation to hire our firm.

Rogen K. Chhabra


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