Possible Questions about Personal Injury and Marriage/Divorce

  • Can my spouse get a share of my personal injury proceeds?

H. In addition to the monetary award made pursuant to subsection D, and upon consideration of the factors set forth in subsection E, the court may direct payment of a percentage of the marital share of any personal injury or workers’ compensation recovery of either party, whether such recovery is payable in a lump sum or over a period of time. However, the court shall only direct that payment be made as such recovery is payable, whether by settlement, jury award, court award, or otherwise. “Marital share” means that part of the total personal injury or workers’ compensation recovery attributable to lost wages or medical expenses to the extent not covered by health insurance accruing during the marriage and before the last separation of the parties, if at such time or thereafter at least one of the parties intended that the separation be permanent.

Virginia Code § 20-107

  • How does the state of Virginia divide a personal injury award when the recipient divorces?

The answer is set forth in §20-107.3 of the Virginia Code, Ann., known as the equitable distribution statute makes clear that economic loss to the marriage in the form of lost wages or medical expenses is marital property, whereas recovery personal to the injured person is separate property.

Click here to read about two cases that have been important to this issue and examine the text of Virginia Code.