a statute in which the plaintiff in a civil lawsuit is obligated to share his or her punitive damages with the state, which puts the money toward some cause intended to benefit society as a whole (e.g., a government medical assistance fund). The concept of split recovery is intended to address the common criticism that punitive damages tend to be excessive and provide a windfall for plaintiffs, which is contrary to their primary purpose of punishing defendants to deter future misconduct. Many argue that if punitive awards are intended to protect the public by discouraging socially impermissible conduct, then these awards should be split between the plaintiff and society at large. Currently, eight states have split recovery, although how much money each receives and how it is distributed varies widely. For example, in Alaska 50% of the plaintiff’s punitive award is given to the state and placed in its general treasury fund, whereas in Illinois the specific
arrangements are determined on a case-by-case basis entirely at the discretion of the trial judge. Also called alternative distribution; restricted recovery; split award. See also curative damages.