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Indiana Law - Personal Injury If a party received money on account of a personal injury during the marriage, this would be property subject to division in the divorce, regardless of which party was injured. This follows the "one pot" theory under which all assets of both parties are available for distribution. However, if the injury occurred during the marriage, with the receipt of cash after the divorce, the court may not take account of the possible receipt of the cash in the property settlement. Cases: Mullins v. Matlock (1994) 638 NE2d 854 (husband did not become member of class in class-action lawsuit until after divorce, even though parties knew of suit for years before divorce, and so cash award was not "marital," and so court could not allow wife to share in the ultimate $47,500 award husband received).
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