Keep me logged in until I sign out. Personal Injury Awards Personal Injury Awards One of the types of property the couple sometimes needs to divide is a personal injury damage award. States take different approaches to the issue.
Some states view the award as separate or nonmarital property.
Thus, all of the damage award belongs to the injured party. Courts in those states reason that the injury was suffered by only one spouse, and the damage award was designed to make the injured spouse whole. Therefore, all of the damage award belongs to the injured spouse. If a state treated damage awards as separate or nonmarital property, each spouse would be entitled to his or her own damage award, but they would not be entitled to any portion of their partner's award. Other states treat damage awards as marital or community property, which means the court can divide the award between the husband and wife.