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  1. #1
    Join Date
    Aug 2007
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    35

    Question Workers Comp Settlements In Divorce

    I am married right now and having maritial problems in Illinois if I get divorced before a settlement is my wife or then ex wife entitled to any part of the settlement its just something that i am concerned about

  2. #2
    Join Date
    Mar 2008
    Posts
    417

    Default Re: Divorce

    I would say only if she puts in the divorce that she gets a percentage of it. But you don't have to sign anything that gives her a percentage either. But then a judge can decide if she gets any or not. So if she don't bring it up in the divorce don't worry about it. Now if you get it before the divorce everything is considered marital property then she would pretty much get half.

  3. #3
    Join Date
    Jun 2008
    Posts
    257

    Default Re: Divorce

    that would be a tough one because most of us on here would leave the medical open and that is strictly for future medical needs. I am sure there are ways to prevent her from getting anything! I mean first of all if you are getting TTD that is so little barely enough to live on and if she wants part you wont be able to survive!!! You are already down what she want to do kick you too!

  4. #4
    Join Date
    Aug 2007
    Posts
    35

    Default Re: Divorce

    she will be out to destroy me and money is all she brings up in a fight that she wants the money

  5. #5
    Join Date
    Apr 2008
    Location
    In A House
    Posts
    308

    Default Re: Divorce

    sorry tootall, i am a woman and I went through a divorce! I let him have everything.. it was worth it too me just to get rid of him!! I made it even though my own family said I couldn't..

    I to am having martial problems now with my new husband but I understand it had alot to do with the malingering injury and frustration that there is really nothing he can do to help me! I wonder how many others out there that have had life altering injuries also have maritial difficulties or end up divorced?

    if you think about it if you were in an auto accident your spouse would get an award (i dont remeber what it is called) because of lose of companionship as well as you get paid for pain and suffering. with WC you don't and they don't either! Unless you die!

  6. #6
    Join Date
    Aug 2007
    Posts
    35

    Default Re: Divorce

    i thank the advice thank god we are trying to work things out lets hope they do. I think work related injuries put alot of strain for sure

  7. #7
    Join Date
    Apr 2008
    Location
    In A House
    Posts
    308

    Default Re: Divorce

    tootall,

    Like I said this is a very trying time not just for you but also for your spouse! Unfortunately the BWC doesn't take take into account. If you are anything like me you are frustrated with the system and everything seems to linger... It puts a finacial strain on an already tense situation. I could always talk to my husband prior to my accident but since then I have a hard time because I see his frustration and dont want to add to it, which in turn makes him feel like I am shutting him out!

    I hope you can work things out. get all the help you need and talk to anyone who may help! Pm me if you need someone to bounce off.... If your wife needs someone I will be there for her too!

  8. #8
    Join Date
    Apr 2007
    Location
    cincinnati,ohio
    Posts
    765

    Default Re: Workers Comp Settlements In Divorce

    i do know in 1984 i got a workers comp settlement for a coal-mine injury. i got divorced just before i got the settlement. my ex wanted half of this. the judge asked her if she had sustained injury from this work related injury that I had. she said no, he the only one was injured. judge then said; and he the only one whom will collect this. all other property was dividable, but can not touch your workers comp settlement.

  9. #9
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: Divorce

    Quote Quoting Bigd View Post

    if you think about it if you were in an auto accident your spouse would get an award (i dont remeber what it is called) because of lose of companionship as well as you get paid for pain and suffering. with WC you don't and they don't either! Unless you die!
    The term is "loss of consortium" basically meaning loss of companionship and or sexual favors, for lack of a better word. Most states WC does NOT allow for this type of damage to be paid just like there is NO payments for pain and suffering. Tell your ex to bite off and go get her own misery is she really thinks she needs a WC settlement. That money is intended to compensate you for lack of ability to labor and earn a living like you did in the past. So if she isn't going to be a part of your future she isn't entitled to one red cent of any settlement you get. Be sure you divorce attorney clearly addresses this in the degree.

    Just in case it isn't crystal clear is chaps my hide to have a spouse NOT have the fortitude to see you through such a rough patch in your life but then "expect" to be paid for kicking you while you are down. Gurrrrrrrrrr Really frosts me .

    Take care and be Well.

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  10. #10
    Join Date
    Oct 2012
    Location
    Newark, DE
    Posts
    1

    Default Re: Divorce

    [QUOTE=SteelMagnolia;91705]The term is "loss of consortium" basically meaning loss of companionship and or sexual favors, for lack of a better word. Most states WC does NOT allow for this type of damage to be paid just like there is NO payments for pain and suffering. Tell your ex to bite off and go get her own misery is she really thinks she needs a WC settlement. That money is intended to compensate you for lack of ability to labor and earn a living like you did in the past. So if she isn't going to be a part of your future she isn't entitled to one red cent of any settlement you get. Be sure you divorce attorney clearly addresses this in the degree.

    Just in case it isn't crystal clear is chaps my hide to have a spouse NOT have the fortitude to see you through such a rough patch in your life but then "expect" to be paid for kicking you while you are down. Gurrrrrrrrrr Really frosts me .

    Take care and be Well.

    Steel [/Q

    - - - Updated - - -

    Reading this makes me feel a little better. My divorce is final but we are doing Property Division now and they are questioning my income because he wants anything he can get. Asking for alimony because I did make more money before my injury but that was 12 yrs ago and because he is unemployed now but does also cohabitat. I receive disabilty and WC annuity payments and he is seriously trying to get paid. I got 1/3 in lump sum while he was still here and he benefitted from that and then left for another woman. He hired a lawyer and I cannot afford 1. Do you know if the annuity has to be claimed as income? Any thought?

    - - - Updated - - -

    Sorry, 1st time on...didn't mean to dpuble post lol
    Last edited by ttaylor7179; 10-19-2012 at 04:48 PM.

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