248.608.4123
Request a Consultation

Michigan Family Law Blog

Friday, December 23, 2016

Divorce in Michigan and Worker's Comp Awards

I am a divorce lawyer in Auburn Hills, Michigan.  An issue that one must face in just about every divorce, is property division.  Generally marital property will be divided in a roughly equal fashion while separate property will be awarded to the party to whom it belongs.  The matter of Adamiak v Adamiak addressed the issue of worker's compensation benefits.

In that case, the husband was awarded 100% of his workers comp award.  The wife appealed this award claiming that some portion of the award should have been granted to her.  The Michigan Court of Appeals found that the award was for past and future medical costs, personal damages and lost wages both past and future.  Typically, the portion of the award that is for medical costs, personal damages (pain, suffering, etc.) and future wages  would be the husband's separate property.  On the other hand, the portion of the award that is attributable to wages lost during the marriage is clearly marital and should have been divided equally.  However, the appellate court found that the wife failed to raise this issue at trial and therefore she was out of luck on her appeal.

The wife in that case should have claimed at trial that she was entitled to one-half of the award that was attributable to the husband's lost wages from the time that they were married.  If you have any questions, please do not hesitate to contact me at 248.608.4123 or request a consultation through the website.  My office is close to M-59 and adjacent to I-75 so we are easily accessible to Rochester, Birmingham, Troy, Bloomfield and Lake Orion as well as Macomb County and Wayne County.


Archived Posts

2019
October
September
August
July
June
May
April
March
February
January
2018
December
November
October
September
August
July
June
May
April
March
February
January
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016
2013
2012



© 2019 Cameron C. Goulding, P.L.C. | Disclaimer
420 West University Drive, Rochester, MI 48307
| Phone: 248.608.4123

Family Law | Legal Separation | Divorce | Mediation | Appeals | Property Division | Alimony / Spousal Support | Child Custody / Parenting Time | Child Support | Visitation | Modification Orders | Relocation | Prenuptial Agreements | Post Nuptial Agreements | Grandparents Rights | Personal Protection Orders | Step Parent Adoption | FAQs | About | Our Approach | Resources

Law Firm Website Design by
Amicus Creative