Legal Question in Family Law in Colorado
Is Workmans Compensation Settlement marital property?
In December my ex recieved 23,000 in workmans comp settlement he filed for divorce right after and spent the funds by the time we went to temp orders hearing 6mo. later. We have been seperated since November 2005. I would like to know if I am entitled to half of the already spent funds? If I am entitled to these funds what do i need to prove or show as facts in my argument to retrieve half of the compensation funds?
1 Answer from Attorneys
Re: Is Workmans Compensation Settlement marital property?
Workers' compensation claims in divorces can be tricky. Whether they are marital or not depends on what the settlement is for. If the settlement is for lost wages, you might be able to claim part of it. If, however, the settlement is for future wages, it likely will not be considered marital property and it will be your husband's separate property. If the latter is the case, though, you can still use that to justify a particular property distribution since he already received that money.
Regardless, though, it's probably a good idea to discuss it in further detail with an attorney to determine if you would be entitled to any part of the claim, and if so, what needs to be done to stake your claim.
Hope this helps!
Christine C. Nierenz, Esq.
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