Is a Personal Injury Settlement Marital Property in Ohio?

 Posted on July 31, 2025 in Divorce

If you receive a personal injury settlement and then begin divorce proceedings, you likely want to know who will end up getting the money. In Ohio, the answer depends on several factors, including the purpose of the payout and when it was awarded. Since personal injury claims often involve both economic and non-economic damages, determining whether the money is marital or separate property can be complicated.

If you are going through a divorce and have received or are expecting a personal injury settlement, speak with a Wayne County, IL family law and personal injury lawyer to understand how Ohio law treats this type of compensation so you can protect your financial future.

How Does Ohio Define Marital vs. Separate Property?

Under Ohio law, courts divide property into two categories: marital and separate. Marital property generally includes assets acquired by either spouse during the marriage. Separate property includes assets that either spouse acquired before the marriage, gifts or inheritances given to one spouse, passive income from separate assets, and compensation awarded for some personal injury cases. Ohio Revised Code § 3105.171 provides the legal framework for how property is categorized and divided during divorce.

When Is a Personal Injury Settlement Considered Separate Property?

In general, money received for your own pain and suffering, disfigurement, or mental anguish is considered separate property. These are personal, non-economic damages that do not compensate the couple jointly but rather address the injured person’s individual experience. If you were seriously hurt in a car accident and later received compensation for permanent physical injuries, that portion of the payout may be considered your separate property.

What Parts of a Settlement Might Be Considered Marital Property in Ohio?

Not all parts of a personal injury award are protected as separate property. The following components are typically viewed as marital:

• Compensation for lost wages during the marriage

• Reimbursement for medical bills paid using marital funds

• Loss of consortium claims filed on behalf of the non-injured spouse

• Any part of the settlement that compensates for financial losses that affected the household as a whole

If you used joint funds to pay medical bills or missed work that would have contributed to the family’s income, those damages are often treated as marital and subject to division in a divorce.

Having clear documentation that separates the purpose of each part of a settlement can help preserve your right to claim separate ownership of specific funds.

Contact a Wayne County, OH Divorce Lawyer

To ensure your personal injury payout is fairly handled in your divorce, contact a Wooster, OH divorce lawyer at The Law Office of Whitney K.S. Miller, LLC. Our team has experience in both family law and personal injury law and offers strategic guidance tailored to your unique case. Call 330-725-4114 to schedule a consultation.