divorce/medical claim settlement
If a person is about to file for divorce and settle a medical workers comp claim can the spouse have any access to the settlement money in the divorce?
1 Answer from Attorneys
Re: divorce/medical claim settlement
In Tramel v. Tramel, 740 So.2d 286 (Miss.1999)the chancellor awarded the wife forty percent of the proceeds from a personal injury settlement the husband received as a result of an on-the-job accident. The husband appealed and argued that the chancellor erred in finding the entire proceeds of the settlement were marital assets subject to equitable distribution. The Supreme Court concluded that on remand an "analytical approach" should be taken to determine how to classify a settlement for the purpose of distribution in a divorce proceeding. The analytical approach involves an "evaluation of the purpose of the compensation in the determination of the character of the award or settlement as marital or personal." According to the analytical approach, pain and suffering is considered personal to the injured person, lost wages and medical expenses incurred during the marriage is marital, but compensation for future economic losses is not marital.
Related Questions & Answers
How can I get out of a supenoa I am in Texas. I have been supenoaed for a child... Asked 3/31/09, 9:03 am in United States Mississippi Family Law, Divorce, Child Custody and Adoption
Divorce Summons to appear I currently live in Miami and have been separated from my... Asked 3/13/09, 2:40 pm in United States Mississippi Family Law, Divorce, Child Custody and Adoption
Custody/ visitation my wife has left with our 6 mnth old daughter and I do not know... Asked 3/10/09, 6:33 pm in United States Mississippi Family Law, Divorce, Child Custody and Adoption
Child support my husband and i have deciding on getting a divorce and we have a... Asked 3/09/09, 2:59 pm in United States Mississippi Family Law, Divorce, Child Custody and Adoption
Family Court My divorce was finalized in MS and I now live in AL. Can I resolve my... Asked 3/07/09, 12:37 pm in United States Mississippi Family Law, Divorce, Child Custody and Adoption