Go to navigation Go to content
Toll-Free: (888) 579-3262
Phone: (709) 579-4000
Ches Crosbie Barristers

Is my personal injury claim award subject to division in divorce?

The part of your personal injury claim that represents compensation for economic loss may be  subject to division as a "matrimonial asset." However the part of your claim that is considered a non-economic loss is usually excluded from the definition of matrimonial asset and will not be subject to division.

Some people wonder if waiting to settle until after your divorce will make a difference. Generally, it doesn’t matter. If the injury from which you will receive compensation occurred prior to the date of separation, any resulting award will likely be subject to division in accordance with the Family Law Act.

If you’re going through a divorce and suing for personal injury, make sure your divorce lawyer and personal injury lawyer both know about each other and the whole situation.