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SA Property Settlement - Is Ex-Wife Entitled to My Workcover?

Discussion in 'Family Law Forum' started by Brodie, 15 February 2016.

  1. Brodie

    Brodie Member

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    My wife and I have separated. I have a workcover pay out coming my way for injury and she's trying to take me to the cleaners. Although we have been separated but not legally divorced for 12 months, she has been claiming single parent pension for the last three years.

    My question is, is she entitled to any payment I receive here on out as part of property settlement?
     
  2. AllForHer

    AllForHer Well-Known Member

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    First, claiming single-parent payments when you are not single is a criminal offence. You should report the fraud to Centrelink immediately.

    Second, 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.

    I would suggest filing for a divorce, however, because a party only has 12 months after the divorce is finalised to file for a property settlement.
     

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