Personal injury awards and divorce

We wanted to share some highlights from our presentation at the Virginia Trial Lawyers Association's annual convention regarding how personal injury awards may be treated in a divorce case.  When a married couple separates, the law requires that marital assets be divided in some fashion.  Understanding how personal injury awards are classified as marital, separate or a little of both is important; and your injury attorney needs to understand the classification structure as well.   The entire award is not separate; at the same time, the entire award is not marital.  Because lost wages and unreimbursed medical expenses are classified differently than other components of an award, it is critical to have the right documents and the proper evidence and support to have an award treated appropriately in a divorce case.  Having your personal injury attorney working in conjunction with your divorce attorney is a good first step.