In a general sense, personal injury claims for injuries and the related financial losses experienced during the marriage are considered marital property. However, there are components of any personal injury claim which can be deemed personal and legally the separate property of the injured spouse. You will need customized language to treat and maintain the separate nature of the appropriately personal components of your claim. It could be 100% or it could be nothing but more than likely a substantial component of the proceeds can be Ordered as your separate property not subject to division in the divorce. However, you will need very clear language for your divorce agreements and Orders to keep that component separate and avoid sharing it with your spouse.