¶1(concurring). I agree with the majority opinion; however, I write separately to suggest that attorneys representing parties in a divorce action should make sure everything is out on the table if a settlement is being discussed. If the funds are to come from a third source, such as an insurance company, there could be no influence on a settlement of property or maintenance. We have already discussed the division of proceeds from a tort judgment as between the spouses in Marriage of Richardson v. Richardson, 139 Wis. 2d 778, 407 N.W.2d 231 (1987). However, if the funds are to come directly from one spouse, as would occur in an intentional tort action brought by one spouse against the other, this is best discussed at the time of the settlement, because it may affect asset distribution to some degree.
¶2If at all possible, the parties in a divorce should best be able to terminate their relationships. They will have enough problems with the care, custody and support of children without having wounds reopened after the marriage is terminated regarding prior existing claims.