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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29822
Experience:  Attorney with experience in family law.
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Live in New York State and was offered a section 32 workers

Customer Question

Live in New York State and was offered a section 32 workers compensation settlement for 100,000 out of this there is an 88,000 put aside for Medicare offset in a divorce do I have to give any of this settlement to my wife
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hello again,

Because a worker's compensation settlement is for the purposes of replacing both wages lost during the marriage and medical bills paid by the marriage, yes, she is. She doesn't get any of the money that's going to reimburse Medicare, but she would be entitled to half of the money that's supposed to represent your lost wages.

Again, if you'd made $12,000 during the marriage and stuck it in a bank account, she'd get half the money. This check is designed to replace wages that you lost because of your injury, money that wasn't available during the marriage to pay for marital expenses. So it is a marital asset.

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Customer: replied 1 year ago.
Please answer the question : I am receiving weekly comp n all medical us being paid my question that I asked was what happens on a settlement 100,000 with 88,000 of that going to a Medicare offset for future medical
Customer: replied 1 year ago.
Is it only the 12,000 that she is entitled to half
Expert:  Lucy, Esq. replied 1 year ago.

Again, she doesn't get the money that goes to Medicare, but she's entitled to half the rest.

Expert:  Lucy, Esq. replied 1 year ago.

Yes, that would be the remaining $12,000, unless part of it is for future wage loss.