going through divorce and just had critical illness payout - any advice please

[greenberet]

has anyone had experience of this - been treated for breast cancer and X is now wanting proceeds from insurance policy to be put in the "pot". I am seeing sol tomorrow and just wondered what options are open to me. many thanks

He's not the only one who thinks he's entitled to stuff like this. My weasel thinks he can claim half of my personal injury payout due soon.

I have to deal with the day to day repurcussions of the f ing injury and he thinks he's entitled.

That is the lowest of the low.

My exh tried to claim half my boob job that I paid for with my money after he chose to leave the family home.

Green good luck with the Solicitor tomorrow, I hope that it will be recognised that the payout is for you and your care. He really is such a nasty, selfish bastard isn't he, I hope you get every penny you can out of him. Thinking of you sweetheart and hoping that karma keeps coming your way

I hope you got some encouraging advice yesterday green

Id offer to give him a critical injury so he had reason to claim this money.

Bastard.

I realise this is an old thread but I really need to comment.
My husband and I are going through a divorce. We have lived separately for over 2 years, each in our own houses (mine council) his privately owned. I have been disabled with Lupus for several years so my only income is from benefits. Recently I was diagnosed with MS, just to put the boot in! So I informed my ex that I could claim in the joint life/critical illness policy. He got very excited and kept referring to it as his claim...anyway I have applied and they sent me a discharge form to say whos account the money was to be paid into and for both of us to sign. I asked my ex to sign his part assuming that it was my illness so it would be paid into my account and I would declare it in the financial disclosure....how wrong I was, my ex says he won't sign the form unless the money gets paid into his account! It's my illness, he controlled the whole 19 year marriage and he still wants control even over my MS! I haven't had a penny from him in way of maintenance or divorce settlement and now he wants my payout.

Do 2 things,

Contact your solicitor

Contact the insurer and advise them of the situation. See what they have to say on the matter.

As above. I think youll find he'll not get too far.

Sorry about the MS. Its a complete cunt of a disease. Though Lupus no bed of roses either. Youv have my complete sympathy

Unfortunately, this is possible. It happened to one of my patients who had breast cancer. Her husband was awarded half of her £100,000 critical illness payout. The policy was just hers. What a pity she couldn't give him 50% of her cancer too! Just how low can any man get?

Contrary to a lot of the advice on this thread the law is that everything goes into the pot. That includes insurance payouts, the money you were left by Aunt Gertrude and so on. However, if the courts have to decide the financial settlement they would normally only dip into such things if there is no other way to achieve a fair split.

Hi, thanks for all your comments and support. I don't have any objections to the money being declared or put in the pot. My problem was with him insisting that any payout went into his bank account. He was a controlling man and has manipulated the children, I don't see the eldest, he told him I'd had taken half of an inheritance payment that he'd had....it's a bit more complicated than that...anyway, he judged without talking to me and now I don't see him. As I said previously, I haven't had a penny from this man!
It was about him having control, even after 3 years separated...I can't even have my illness in peace.
My solicitor is writing to his later, so I let you know what the outcome is.
Thanks for being there, I don't feel quite so alone.

Update...just in case someone else is in this situation..
My solicitor wrote to his solicitor informing him that it is my critical illness claim therefore any monies due should be paid into my bank account. She explained that I was going to declare any payout and it would be on the paperwork. If he continued to withhold his signature till I agreed it would be paid to him, she would apply to court for an order as his behaviour is wholly inappropriate.
Needless to say...he hasn't! He has filled it in with his details and posted it to his solicitor! He's now gone on holiday....I now have to wait and see what my solicitor is going to do. All this stress is making me poorly, I just want to draw a line under it all!

hi Joie78,
I have the same problem. Which lawyer did you go to?

Thank you

Please do let me know the outcome. I am facing the same issue with my divorce.

ZOMBIE THREAD!

You should be able to ring fence that payout - the whole point of it is to provide you with an income as you are unable to work.

Your ex is a cunt. But you knew that anyway

And yes to making him put in writing why he should have half of it.

Ah, zombie thread. Oh well, it would be really good if the OP sees this and lets us know what happened.