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When possible, the best time to bring a tort claim is "later" after the divorce is final. the most persuasive argument in favor of this option is it permits the victim to wait until the divorce is resolved before the victim brings a tort action.147 often, a woman may believe that pursuing a claim is simply too dangerous until her separation from her abuser has been successfully accomplished.148 if she is forced to pursue the tort claim together with the divorce, or even to notify the court she is bringing it, or plans to bring it in another court, she may well forfeit the claim to buy her safety.149 if an abused spouse cannot instigate a tort claim subsequent to a divorce, the abused former partner will be forced to elect between three equally unpalatable alternatives: 1 ; commence a tort action during the marriage and possibly endure additional abuse; 2 ; join a tort claim in a divorce action and waive the right to a jury trial on the tort claim; or 3 ; commence an action to terminate the marriage, forego the tort claim, and surrender the right to recover damages arising from spousal abuse.150 when a victim pursues a claim, another consideration is available remedies. as mentioned previously, a negligence claim, while potentially targeting deeper pockets, will preclude the recovery of punitive damages. other claims, intentional tort claims, will only be directed at the abuser; howev24.