Workers’ Compensation after Divorce
Disability payments, whether part of workers’ compensation or Social Security benefits, can be an important part of a person’s income following an injury. And just like other forms of income, disability payments can also be divided after a divorce.
If you are going through a change in your family situation, such as a divorce, you do not have to get an attorney to help you divide disability. However, you may need an attorney to help you fight for a fair division of your disability payments following a divorce. To discuss your disability case, contact an experienced Raleigh workers’ compensation attorney from the Law Office of Sam Scudder today at 919-851-3311.
How to Divide Disability
States divide disability or workers’ compensation payments in different ways. First, some states consider all property acquired during marriage as marital property, including disability payments. If the compensation is earned from labor during the marriage, even payments after the divorce can be split between the ex partners.
Many states, including North Carolina, typically take the “replacement” stance. With this, the court looks at how much disability goes towards lost wages as compared to helping with pain and suffering. The court divides disability only up to the point that it replaces lost wages. Any additional compensation is the property of the injured individual.
Because of the different approaches taken by different states, it is important to consult a lawyer about the way you should divide disability or workers’ compensation payments. If you need help with dividing compensation during a divorce, you should contact a Raleigh workers’ comp lawyer from the Law Office of Sam Scudder at 919-851-3311 today.