My guess (and that's all it is) is that as long as you are still legally married there could be a claim to it. Plus it might sound like you're trying to shelter stuff from her, which could annoy a judge. Especially if you are. Personally I wouldn't do it, and would just focus on getting the whole unpleasant affair over with, then pick up the pieces and move forward from there. However, my legal advice is worth even less than my normal advice. Ask a lawyer. And good luck.
"Good judgment comes from experience. Experience comes from bad judgement." - Will Rogers
DW and I - FIREd at 50 (7/06), living off assets