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VIC Am I Entitled a Percentage of Ex's Workcover?

Discussion in 'Family Law Forum' started by Samlee, 13 September 2016.

  1. Samlee

    Samlee Member

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    My partner of 18 years, with 3 children together, injured his back at work whilst we were together. I supported him and the family before any weekly payments started through workcover.

    We separated due to domestic violence around 6 months after his injury. He has since had a large payout and has another one coming soon. He told me he would look after me and the kids so I shouldn't get a solicitor involved but it never happened. Surprise, surprise. Am I entitled to a percentage?
     
  2. SamanthaJay

    SamanthaJay Well-Known Member

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    Hi

    I think you would get a better response in the Family Law forum but I have copied some information that was posted by AllForHer in reply to a similar question (although the person posting was to receive the Workcover payout):

    "...... the pay-out may be included in the property settlement, but that does not mean she will get 50% of it. The court asks four questions:

    1. What is the total value of the joint asset pool?
    2. What is the financial and non-financial contribution of each party?
    3. What are the future needs of each party?
    4. Is the settlement just and equitable?

    A Workcover claim will likely be considered part of the asset pool, but would also indicate a future need on your part. It's impossible to predict, in any case."
     
  3. Samlee

    Samlee Member

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    OK, I will try that. Thank you
     
  4. AllForHer

    AllForHer Well-Known Member

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    With the question being "Am I entitled to a percentage?" the answer is no, you're not automatically entitled to anything except child support.

    You are, however, entitled to the right to pursue a property settlement with your ex, in which the WorkCover claim may potentially be included as part of the shared asset pool. It will depend if he agrees, or the Court otherwise determines, that the WorkCover claim constitutes an asset in which you both have an interest.
     
  5. sammy01

    sammy01 Well-Known Member

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    If I were his solicitor I would argue that the workcover should not be included based on his future need as he is the one with the injury, not you...

    One more piece of help - never take legal advice from the ex.
     

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