In answer to your question, if the award is to compensate for injuries, pain and suffering, loss of enjoyment, or medical bills (and they do not have any impact on the marital estate), then it is considered separate property and should be fully awarded to the injured person. However, in some state courts have held that a personal injury settlement (and workers comp awards are treated the same) is marital property if it is for compensation for lost wages and medical bills that have an effect the marital estate. Additionally, in cases where there is a lower settlement amount than what would have otherwise occurred (e.g. due to low policy limits), a court is within its right to allocate a portion of such an award to lost wages even though the settlement indicates that it is for personal injury only. Since this can all get somewhat complicated, you should consult directly with a divorce attorney in your area.