Insurance Settlement

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Chele,

I would certainly go after some reimbursment of those funds. I imagine your husband’s attorney is going to argue that you used those funds for the benefit of the marriage, and it was a gift to the marriage, so you shouldn’t get anything back. But, I would say that you would not have been able to pay off those debts if you had not gotten that settlement.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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.

2

I do have a lawyer, I really do! She’s just eye deep in other cases to answer questions as they come to me. :slight_smile:

Okay. In 1997, BEFORE we got married, I suffered a slip and fall at work. A year later, AFTER we were married, work’s insurance company stopped paying for medical expenses associated with my injuries. I hired an attorney and, 3 years later, got a settlement. Everything was in my name, the insurance was mine, my husband was not included in anything.

I used the settlement to pay off all of our existing debt, his and mine and, as a result we have only 2 debts, his car and my student loans (also incurred during the marriage). The cc debt that was paid off was likely mostly post-marital debt.

Does that settlement come into play at all? Am I entitled to recoup any of it or is it done, marital funds?

I should mention that I am the dependent spouse and will be getting alimony and 1/2 of his 401K. We’re just trying to figure out the settlement issue.

-Chele