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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.

Nov 29
1999

Ask a Lawyer: Diability Insurance Money

Posted by: Dads Divorce

Question:

Are payments from a private disability insurance considered as part of a settlement? I had to sell my practice due to disability. I receive a monthly payment from insurance for the rest of my life. Is my wife entitled to a portion of this income?

Answer:

It depends. Will your wife ask for alimony/maintenance? If so then the disability may come into play as to whether you are able to pay her maintenance. Otherwise, generally disability is not considered property for purposes of division of assets. The proceeds from the sale of your practice would be viewed differently though.
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written by jim pidgeon, July 30, 2009
What is the case law basis for you opinion above?

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