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The court will award a cause of action for personal injury at divorce to the victim spouse. Even if part of the damages are separate and community the court will award the cause of action to the victim spouse. At most, a portion will be used as an offset in determining an equal division of the community. This result is required by the principles of civil procedure against splitting a cause of action. Most courts are required to award the victim spouse all damage awards unless the interests of justice require another disposition or unless the recovery has been commingled with other community property.

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