Who Gets the Money From an Injury Settlement in a Divorce?

If you get injured during your marriage, the settlement is going to be community property if you're still in an intact marriage. If you're separated, if you're going through a divorce, what's going to happen? Typically the money is given to the spouse that was injured — meaning that pain and suffering, loss of future wages, that would typically go to the person that actually incurred the incident or the injury. But in the event that, say, the community paid for things like medical bills and had other expenses related to the accident, the court has the discretion to apportion some of the proceeds and give that to the community, to help make the community whole.