[Ortega77]

I am planning to divorce my husband but I need to know if I'm entitled to some of his settlements?
How do I need to go about it in court or myself?

[Alty]

You'll need a good lawyer. The marital assets need to be split evenly. In order to do that, you should hire a good lawyer to look at all of your joint assets.

As for settlements, has he already received them, or are you looking into the future? If he hasn't received these settlements yet, I don't think they can be counted as assets when you divorce. In other words, anything he receives after the divorce is final, and all assets have been distributed, is his, and doesn't need to be split with you unless it's part of your divorce agreement. I can't see any lawyer he hires, agreeing to give you a part of any settlement he has yet to receive.

What sort of settlement (s) is this?

Also, what State/province/ etc do you live in, as laws vary by state/province etc.

[Ortega77]

Im still married and I live in California.
He is sueing a former employer and other one is workers comp.

[joypulv]

I disagree with Alty.
Divorce settlements often are not equal distribution, depending on the length of the marriage, children, and who contributed what and when.
Future income from pending claims might indeed be considered, especially if expenses to file those claims were made during the marriage, and there was hardship affecting the spouse. If you took care of him while injured or ill, and worked an extra job, or worked while taking care of kids, for example.
Divorce is less about laws and more about wrangling, even in a community property state like CA. What you get has a lot to do with how good your lawyer is and how many hours you are willing to pay for. And also on the judge you get.

If you are wondering how much you might get by filing for divorce now, you can't really know. He won't know how much he will be awarded, if anything, from the employer, and comp claims can be denied and can take years to resolve.

[N0help4u]

Him suing a former employer doesn't have anything to do with you AND by the time he gets a judgment against them and starts receiving anything from it could very likely take longer than your divorce. I doubt you can have any claim to that money, its not marital assets.

[joypulv]

We don't know if his lawsuit has anything to do with her or not. As I mentioned, it might have a lot to do with her, especially if he was hurt on the job and she took care of him and expenses.

[N0help4u]

Yeah she might be able to get some back compensation if she can show claim to it. She didn't mention why she felt entitled to it.