What is the classification of disability pensions in terms of property during divorce?

Disability pensions are generally classified as separate property during a divorce. This classification arises because disability pensions are typically intended to compensate for loss of earning capacity due to a disability suffered by one spouse. Essentially, these payments are considered compensation for that individual's inability to work and are therefore linked directly to the injured party's personal circumstances rather than to the marital relationship.

In many jurisdictions, separate property includes assets or earnings that are acquired by one spouse individually, particularly if these assets are received due to circumstances that predate the marriage or arise distinctly from personal injury or disability. Thus, the prevailing legal view is that disability pensions do not accumulate during the marriage in the same way that marital property, such as joint earnings or combined retirement accounts do, and they are not intended to benefit the other spouse.

This understanding separates disability pensions from marital property, which is any property acquired during the marriage that is subject to division upon divorce. The distinction is crucial, as it ensures that the spouse who has a disability can rely on their pension without the risk of it being split or diminished in the divorce proceedings.