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Loren, Lawyer
Category: Family Law
Satisfied Customers: 33507
Experience:  30 plus years of experience.
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My husband is getting a large settlement from a shoulder injury

Customer Question

My husband is getting a large settlement from a shoulder injury from work am I entitled and any of this in a divorce settlement I live in NY
Submitted: 2 years ago.
Category: Family Law
Expert:  Loren replied 2 years ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you this morning.
Expert:  Loren replied 2 years ago.
Are you and your spouse still living together?
Expert:  Loren replied 2 years ago.
Typically, WC awards are not marital property. Though, it is very common for the other spouse to demand a portion of the award as a marital asset. This would depend on the classification of the award as injury settlement, wages or a combination of both, and whether the parties were living together at the time of the award.
Certainly, you should make the claim and you can expect your future ex to object to splitting his settlement. The ultimate resolution will be a compromise or a decision from the court if no compromise can be reached.
I hope this is helpful. If you have more follow up questions please let me know. It is never a problem.
Thank you.