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A tort lawsuit (and any damages awarded therein) is a marital asset if the injuries were incurred during the marriage. A personal injury award for pain and suffering is personal to the injured party, but may be taken into account in a property settlement in the same way as any other separate property if there are insufficient assets to be divided between the parties. (For example, if the parties have no assets but one spouse receives a million dollars for pain and suffereing.) But damages received for lost wages during the marriage is definitely a marital assets.