Can your soon-to-be ex-wife go after part of your personal injury settlement in a divorce — yes but not always. It depends on:
🔑 What the settlement is compensating you for, and
🏛️ Your state’s divorce laws (community property vs. equitable distribution).
Here’s a breakdown:
⚖️ Can a Spouse Take My Injury Settlement in Divorce?
✅ Parts That May Be Considered Marital Property
These are typically fair game in divorce:
| Settlement Portion | Why It’s At Risk |
|---|---|
| Lost wages | Replaces income earned during marriage—shared asset |
| Medical bills paid with marital money | May be reimbursable to both spouses |
| Property damage (e.g., car) | If the asset was jointly owned |
| Pain/suffering if during marriage | Sometimes divided, depending on state |
❌ Parts That Are Usually Separate Property
These are typically yours alone:
| Settlement Portion | Why It’s Protected |
|---|---|
| Pain and suffering (post-separation) | Personal and non-economic |
| Future medical expenses | To treat your ongoing condition |
| Disability or disfigurement compensation | Tied to your personal loss |
| Settlement from before the marriage | Pre-marital asset in most states |
🗺️ State Law Matters
- Community Property States (e.g., California, Texas):
Marital assets are split 50/50. Injury settlements may be partly divisible if earned during marriage. - Equitable Distribution States (most others):
Courts divide assets fairly but not always equally, weighing factors like the nature of the compensation.
🛡️ How to Protect Your Settlement
- 🔹 Keep settlement money in a separate account, not joint
- 🔹 Don’t co-mingle funds (avoid depositing into shared accounts)
- 🔹 Clearly document what each portion of the settlement covers
- 🔹 Work with a divorce attorney and financial planner
🧠 Pro Tip:
Ask your injury attorney for a detailed breakdown of your settlement (pain and suffering, lost wages, medical bills, etc.). This can be crucial in divorce courts.