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Nov 29
1999
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Ask a Lawyer: Diability Insurance MoneyPosted by: Dads Divorce on Nov 29, 1999 Tagged in: settlement , Maintenance , Maintenance , insurance , income , IL , division , disability , Child Support , asset , Ask A Lawyer , alimony
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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.










