My husnand received two different workers comp settlements. This money is our only savings. One large sum is in my personal savings account, the other has been invested in his name. I have been told several different things. My question is, am I entitled to any this money in our divorce?
You would be entitled to one-half of the worker’s comp settlements if it was “earned” and received during the marriage and it was intended to compensate for lost wages, lost earning capacity or some other economic reason. In contrast, monetary awards intended for a personal injury for example, would be the separate property of the spouse receiving it.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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