NSW Is Ex Entitled to My TPD Insurance Payout?

[Kate_79]

Hi

I have separated from my husband and have received a TPD insurance payment. I have been told he is not entitled to it due to my health. I will need this money to live on until retirement. I have no other income. Can someone shed some light as it's not superannuation, it's an insurance payment.

 

[Rod]

If it is a sizeable amount then I recommend getting a lawyer to defend it from your husband. A court can discount (quarantine) some of the money as required for medical and other health issues and a lawyer can put forward a good argument as to why most of the other money should not be considered matrimonial property.

You have a reasonable chance of retaining a sizeable portion of the TPD but it does depend on your circumstances and a lawyer needs to go through your TPD case to work out the best way of arguing your case.