Legal Question in Family Law in Illinois

I'll try to keep this simple: I received a check in my name and my ex's name. Question: Am I required to split it with her? I would like to claim that it is entirely mine. The check is premium reimbursement from an insurance company. I paid an annual premium on Feb 12, but the house was sold recently (August) after about 6 months.

Background: We bought the house during the marriage. The divorce was legally finalized on Feb 23. The decree said that I would live there and pay the bills until the house was sold, which is what I did. So, I would argue that this is reimbursement for a bill, so I should get all of it. I assume that the opposing argument would be that it was paid before the divorce was final. But, that argument sounds unfair to me because if I had incurred additional bills, I wouldn't get help to pay them. But, now that I am receiving money, should I give up half of it?

Assuming it is 100% mine, how would you recommend I go about securing the entire amount?


Asked on 8/28/09, 12:55 pm

1 Answer from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

She needs to endorse the check no matter what. How much are you willing to spend in legal fees to protect your rights in that check?

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Answered on 9/02/09, 4:27 pm


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