Have your personal injury attorney take a look at the divorce decree. He or she may want to consult with another attorney who specializes in marital law.
If you received the settlement without the assistance of an attorney and the check requires two signatures, you could call the check issuer and request that a new check made out to you only be issued. If they refuse, then seek the assistance if an attorney.
I believe you're omitting crucial information. Did she endorse the check, did she know about your claim? Answering these questions will be important to determine whether she is entitled to a portion of your settlement, which I believe is what you want to know.
I'm going to assume you want to know your rights to the payment. Generally, you would have the right to the money assuming that you have not commingled it with other marital assets. She would have a separate claim potentially for loss of consortium but your rather short question does not mention that. Good luck
Bill Rosenfelt (Orlando) 407-462-8787
Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.
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