Greetings. Your testimony is proof. Also, yes, in court proceedings you can make him account for the funds he took from the family. If he has acknowledged this to you, he is probably willing to take on the debt of paying the funds back to you.
Remember that gambling can be a disease for some. It is a horrible disease, one that tears about families and ruins lives - as you can probably attest to.
Finally, there is no reason why you cannot keep those funds. Also, I would talk to an attorney about having the funds he took and put in his separate account frozen immediately. Money in the hands of a gambler is as good as spent (unless that person is Chris Moneymaker or Doyle Brunson from the World Poker Championship), and I am assuming your spouse is not one of them. Good luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.