St Charles Divorce Attorney for Personal Injury Assets

Lawyers for Divorce Compensation Assets Division Matters in Kane County

Dissolving a marriage often involves many determinations related to property division. Allocating marital assets to each party can be a matter of great contention in some divorce proceedings. When one spouse has received an award as the result of a workers’ compensation claim or personal injury claim during the marriage, that asset may be subject to division. How it will be divided, however, can be subjective.

At the Kane County divorce law firm of Goostree Law Group, we are experienced in handling all types of property division matters. Whether in negotiation or litigation, our attorneys strongly advocate for our clients’ rights and interests.

Dividing Workers’ Compensation and Personal Injury Awards in Divorce

Illinois is an equitable distribution state when it comes to dividing marital assets. Consequently, it is not necessary for all assets to be divided according to a strict 50/50 standard. Rather, a judge can exercise discretion to determine a fair distribution.

When one spouse is injured and receives a financial award from a workers’ compensation or personal injury claim, the award has to be dealt with as a marital asset. Because of the nature of the award, however, a significant portion (possibly all) is likely to go to the injured party. This is particularly true if the injury is significant and the person requires ongoing medical treatment or care. The permanent physical effects of the injury may warrant a disproportionate distribution of the asset to the injured spouse.

Workers' compensation and personal injury awards for serious injuries can be significant amounts, and they often inspire contentious disputes, just as any substantial marital asset can. Whether or not the award is marital property depends on when the injury occurred. In order for it to be classified as marital property, the injury that led to the claim must have occurred during the marriage. If the injury occurred prior to the marriage, and the award was received during the marriage, it generally will not be considered marital property. Likewise, if the injury occurred after a legal separation, it is not considered marital property. Our attorneys are skilled in handling complex property division issues and disputes. We aggressively advocate for our clients' rights and interests both in court and across the negotiating table.

Contact Our St. Charles Asset Division Attorneys

If you or your spouse has received a workers’ compensation or personal injury award, and you are involved in a divorce, contact us at 630-584-4800 to schedule a free consultation. We will examine the circumstances of your claim and discuss your legal options. Our firm assists clients throughout Northern Illinois, including Kane County and the surrounding areas.