Legal Question in Workers Comp in Maryland

Is Workmans Comp Settlement considered comunal property, My husband is due to go

My husband is due to go to a hearing for workmans comp. We have been married 41 years. He has filed for divorce am I intitled to half this money or part of it and does my laywer need to notify workmans comp. Is ths comunal property.


Asked on 2/04/04, 5:02 pm

2 Answers from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: Is Workmans Comp Settlement considered comunal property, My husband is due t

I assume that when you refer to your attorney that your referring to your divorce attorney. That is the person that you need to ask your questions to. I would be glad to try and help you, but there are too many things that I would have to know before answering your question, and the most qualified person to ask would be your divorce attorney. Good luck.

Read more
Answered on 2/04/04, 6:27 pm
Robert Sher Wagshal and Sher

Re: Is Workmans Comp Settlement considered comunal property, My husband is due t

If your husband receives a disability award to compensate him for loss of his earning capacity, that part of the award which represents income loss before the divorce would be considered marital property under MD law, and therefore would be subject to equitable distribution as part of a divorce proceeding. The remaining benefits would apply to loss of income after the divorce, and you would not be entitled to share in that.

Read more
Answered on 2/05/04, 11:39 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in Maryland