Am I entitled to half of my spouse’s workers’ comp?

Question: My son is separated from his wife and is planning on divorcing her. She is to receive a lump sum workers’ compensation check in about 2 weeks. She was injured before they were married but received benefits while they were married. Is my son entitled to half of this compensation?



Answer: The laws in my state are very different from most jurisdictions in this respect.  I do not practice in Virginia. In Wisconsin, personal injury awards are presumed to be the individual property of the injured spouse.  However, there are a variety of circumstances where the non-injured spouse may have a claim to the workers’ compensation check.

Because the laws in each state vary, your son should contact a domestic litigation attorney licensed in Virginia to understand how Virginia laws address this situation.


Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

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