Greetings. The settlement should be totally marital, unless it was structured in a way where the payment was separated out. I would advise you to get insurance if she does not have it. What other questions to you have?
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I have been married for 20 years here in NC. My wife has only worked 3 years out of the 20 years due to laziness and also because she “claimed” an injury while working for the school system as a teacher’s assistant. She has received workers comp payments for the last 8 years while the state covered her with health insurance. Due to the state having a better insurance plan than the one I had with my job, we kept insurance on the kids thru her job and I paid the premiums. I live in an apartment above my shop behind the house while she and the kids live in the house–there are no papers actually filed as of yet–we both have lawyers and have had several court dates since OCT of 2006 because she is filing for divorce from bed and board, but nothing has happened as of yet. Jan 29th I was advised by her that I needed to get insurance on her and the kids thru my job because her insurance was being canceled thru the state on Feb 1st–come to find out, she has settled with worker’s comp and now expects me to cover her with health insurance, my lawyer first told me not to cover her, only cover the kids in which I did. I do not know yet if she is planning to file for disability, or if she has even been deemed as disabled. I pay all the household bills and give her $200 per week for groceries and gas (which she claims is never enough). She will not disclose to me any details about her settlement–her lawyer also has not yet disclosed to my lawyer about the settlement. My question is, if she is disabled, is it possible that a judge will order me to pay for her health insurance? Even if I have to cover her with expensive private insurance? My lawyer is now telling me that I need to cover her with health insurance before we go to court to make me look like I am trying to support her–but if I agree to that, wouldn’t it look to the judge that if I am already paying it that I should continue? I think this is her lawyer’s plan to get me hooked into having to pay for her health insurance. Also–I really don’t know where the money will come from to cover her–it is all I can do to pay her the $200.00 every week. Also, while i’m, struggling to pay bills, she’s buying tvs, dvd players, new furniture, new clothes for her and the kids (beyond reason) and going to a tanning bed daily. Shouldn’t this come into play?? Her wreckless spending is one of my main reasons for wanting a divorce in the first place