Auto Insurance Claims: Auto Insurance Claim, auto insurance claim, little contact


Question
I had a car accident 5 months ago and the at fault party's insurance is now ready to settle. I agreed to the first offer because I am ready to move on and be done with it. I am a single mother of four and Christmas is around the corner.

At the final step of releasing the claim just short of signing the release papers, the adjuster asked if my last name is my legal name. I am married, but my husband and I have been separated for 6 years, although not legally. He lives out of the country and I have very little contact with him. Well, apparently, the adjuster wants to add his name to a check that has nothing to do with him. He was not in the car, he is not on my car insurance, he has no input in our kid's lives nor mine.

Is this the absolute law? Does he have to be included in the settlement when the settlement is in my name. We are not legally separated and I live in Texas where legal separation is not recognized. Hence, divorce. What am I to do. I simply cannot afford a divorce. And my "husband" is not going to give me any money to get one.  

Please help.

Answer
I do not generally answer bodily injury questions as my instructions clearly state.

However, I can tell you that if you are married, your husband is part of the settlement regardless of the separation.

Sounds to me like you can't afford NOT to get a divorce.