Chicago, IL asked in Family Law for Illinois

Q: Will my estranged wife automatically be priviledge to 1/2 my WC settlement in the marriage settlement?

I have been married to my spouse for several years in Illinois. Then in 2018 I had an accident at work and immediately started a Worker's Compensation case. In 2019 my wife and I separated. We were tryng to go through mediation, but appears to have failed. Will my estranged wife automatically be priviledge to 1/2 the WC settlement in the marriage settlement because the accident happened and WC case was started while we were still married? Thank you for the advice.

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1 Lawyer Answer
Cheryl Powell
Cheryl Powell
  • Mt Vernon, IL
  • Licensed in Illinois

A: Not 50% generally, but 35ish. Maybe more, maybe less. Who makes more $ now. Can you work? There is an issue of a maintenance claim due to such a long marriage. Maintenance factors are at 750 ilcs 5/504.

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