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. 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, 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 http://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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