When a all-property states treat all of the proceeds as marital. Under this regime, which is termed mechanistic, "personal injury proceeds are always and entirely marital property." A few states, following what is termed the unitary approach, treat personal injury proceeds as entirely separate.

Under the analytical approach, estate, including but not limited to, lost wages, medical expenses, damage to martial property.

Postjugdment award is marital if the income from separate property is treated as marital.

Under the analytical approach, pain and suffering, however, "...is the most personal type of compensation an injured separate property.

Under the mechanistic approach, proceeds are very often divided unequally, but compensation for spouse are treated as marital.

Some jurisdictions have held that unliquidated personal injury claims are too speculative to be considered property subject to distribution in a divorce; others have concluded that these claims, despite their contingent nature, "should ... be treated as property acquired jurisdiction about any future distribution.

New York considers personal injury proceeds under the unitary regime.

See Personal Injury Awards.

See also Equitable Distribution; Dual Classification States.