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Husband wants half of my settlement

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xstarstruckx0

Junior Member
What is the name of your state? New Jersey

We have been living apart for over 6 years and now we are getting a divorce. I injured my back about 2 years ago on the job and my husband says that he wants half of my settlement that I didn't even recieve yet. Is he entiltled to this?
 


LdiJ

Senior Member
xstarstruckx0 said:
What is the name of your state? New Jersey

We have been living apart for over 6 years and now we are getting a divorce. I injured my back about 2 years ago on the job and my husband says that he wants half of my settlement that I didn't even recieve yet. Is he entiltled to this?
I think you can certainly make the argument that he is not. He wasn't supporting you during the period that you were injured, and the settlement is intended to reimburse you for not only that but for future care.

I can't imagine any judge awarding him half.
 

BelizeBreeze

Senior Member
LdiJ said:
I think you can certainly make the argument that he is not. He wasn't supporting you during the period that you were injured, and the settlement is intended to reimburse you for not only that but for future care.

I can't imagine any judge awarding him half.
Actually, since New Jersey is an 'equitable distribution' state and since the poster never mentioned a legal separation agreement, he very well COULD get 1/2 of the settlement as it's considered 'marital property'.
 

You Are Guilty

Senior Member
If there's a loss of consortium or loss of services claim, then he'd likely be entitled to whatever settlement amount is paid towards them as well.
 

LdiJ

Senior Member
BelizeBreeze said:
Actually, since New Jersey is an 'equitable distribution' state and since the poster never mentioned a legal separation agreement, he very well COULD get 1/2 of the settlement as it's considered 'marital property'.
I am sorry BB....but I sincerely doubt it. However, rather than do a multiple page debate here I am going to recommend that the OP consult a local attorney.

The entire premise of "equitable distribution" is based on "equitable". Please find a way to find it "equitable" that a spouse separated for 6 years would be entitled to 1/2 of a settlement designed to provide for someone disabled 4 years after the separation.
 

BelizeBreeze

Senior Member
LdiJ said:
I am sorry BB....but I sincerely doubt it. However, rather than do a multiple page debate here I am going to recommend that the OP consult a local attorney.

The entire premise of "equitable distribution" is based on "equitable". Please find a way to find it "equitable" that a spouse separated for 6 years would be entitled to 1/2 of a settlement designed to provide for someone disabled 4 years after the separation.
the spouse was NOT separated. NC requires legal separation for the marriage to be 'on hold' and separate property to be in effect.

It's marital property. Plain and simple.
Furthermore; you're assuming again. nowhere in the original post was the word 'disabled' used.
 

LdiJ

Senior Member
BelizeBreeze said:
the spouse was NOT separated. NC requires legal separation for the marriage to be 'on hold' and separate property to be in effect.

It's marital property. Plain and simple.
Furthermore; you're assuming again. nowhere in the original post was the word 'disabled' used.
Pound sand...BB...without a finding of disabled a settlement wouldn't be possible.

and I will repeat....equitable distribution takes those issues into consideration.
However..AGAIN, the OP needs at LEAST a consult with a local attorney.
 

BelizeBreeze

Senior Member
You Are Guilty said:
Wait a sec, is this a worker's comp settlement or a lawsuit?
Now THAT would be a good question...since someone is jumping to the conclusion that it is WC when the poster NEVER even mention it.

Hell, it could be an accident at Wal-Mart for all we know :D
 

LdiJ

Senior Member
BelizeBreeze said:
Now THAT would be a good question...since someone is jumping to the conclusion that it is WC when the poster NEVER even mention it.

Hell, it could be an accident at Wal-Mart for all we know :D
I think this statement indicates that its WC


I injured my back about 2 years ago on the job
Its also New Jersey, not North Carolina.
 

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