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#190995 - 02/04/07 08:20 PM Federal Insurance settlement and divorce
IraqBOMB Offline
recently joined

Registered: 02/04/07
Posts: 3
I was injured in Iraq as a contractor / former Marine. I am 100 dissabled do to a tramatic brain injury and my insurance falls under the DEFENSE BASE ACT (AIG is the middle man). My wife cheated on me while I was in the hospital and now we are getting a divorce. She admitted it and the person came forward to tell me about it. (After we had sepperated.)

Does she have any claim against my Federal insurace settlement?

My divorce lawyer says yes, my DBA / workers comp lawyer says NO. The DBA lawyer says if the payout is AFTER the divorce, also, NO.

Can you help, who is right and where is it in the law books?

Thank you,
David

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#190996 - 02/04/07 09:10 PM Re: Federal Insurance settlement and divorce [Re: IraqBOMB]
Maury Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 8182
Loc: This Asylum --->
First, thank you for your service and I am deeply saddened to hear about your injury.

The answer would depend on many things. Perhaps, the most important is your state and its laws. I would think that an insurance settlement for a personal injury would not be divisible in a divorce. Of course, I would probably need to know much more about the nature of the settlement.

In a state that has fault based divorce laws, infidelity may impact on spousal support issues. That is, perhaps, how your insurance comes into play. It does not generally impact property divisions, In a no fault state, the infidelity has no impact on either issue.

The bottom line is that your divorce lawyer would have the best information on that issue. Your worker's compensation attorney would not. Sometimes the right answer is not what you wish to hear. You may wish to consult with another divorce lawyer in your state and if the answer is the same, you have your answer.

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