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Nov 29
1999
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Ask a Lawyer: Workman's Compensation: Marital or Separate Property?Posted by Dads Divorce in workman , work , separate , Rules , Property , Procedures , NJ , marital , leave , injury , income , compensation , Ask A Lawyer , absence |
Question:
I'm a police officer going through a divorce and am out of work as a result of a job-related injury. I have filed a workman's compensation claim for my injury disability but am still getting my regular paycheck since the injury was work-related. My wife is asking for half of the awarded claim when I get it for lost wages. Is she entitled to this? I have no lost wages at this time.
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of New Jersey. In the jurisdiction where I practice, the portion of the award attributable to your lost wages is marital property. However any award attributable to pain and suffering on your part is not marital property, it is your separate property.
