As a general rule, unless a legal separation agreement is in effect, a spouse's rights remain the same as if they were in a stable marriage. Typically, however, if a settlement is to compensate for injuries, pain and suffering, loss of enjoyment, or medical bills that do not have any impact on the marriage, the settlement is deemed to be separate property and should be solely awarded to the injured spouse. That having been said, some courts have held that a personal injury settlement is marital property when: there is a commingling assets by accepting the entire settlement in one check made payable to both parties; it is compensation for lost wages; there are medical bills that have an impact on the marital estate. Finally, when there is a lower settlement due to low policy limits or a lack of funds from the at-fault party, a court can allocate a portion of the settlement to lost wages even if it is for personal injury only. At this point you should consult directly with a local divorce attorney as to your situation; they can best advise you further.