Which of the following is typically a separate asset for division of property?

• A. Post-marriage salary
• B. Personal injury compensation
• C. Gifts to one spouse
• D. Passive increase in value of separate assets

Answer: (B)

In dividing property, assets are classified as separate or marital. Personal injury compensation is treated as separate property because it compensates the injured individual for harm to their person, not for the couple’s assets or the marital partnership, so it isn’t divided in equitable distribution.

The other items are typically connected to the marriage in ways that bring them into the marital estate: earnings during the marriage are usually marital property; gifts to one spouse are generally not treated the same as personal injury awards and can be considered part of the couple’s property depending on the context; and the value of a separate asset that grows passively often remains separate unless there are marital contributions or efforts that change its nature. So personal injury compensation stands out as the clean example of a separate asset for division purposes.