The recent state Supreme Court case Focht v. Focht was welcomed by most family law practitioners with open arms, as it resolves conflicting case law on the issue of whether an award or settlement proceeds from a personal injury claim, lottery winnings or workers’ compensation that arose during marriage but received after separation should be considered marital property for purposes of equitable distribution in a divorce matter.
The Pennsylvania Divorce Code defines marital property as “all property acquired by either party during the marriage.”
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