In 2011, the Pennsylvania Supreme Court decided the case of Focht v. Focht, 32 A.3d 668 (Pa. 2011), which resolved prior 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.
In the Focht case, Justin Focht was injured during the parties’ marriage and received a settlement related thereto after the parties separated. In deciding whether the settlement proceeds were marital property subject to equitable distribution, the Pennsylvania Supreme Court focused on the interpretation of the word “accrued” and Subsection 3501(a)(8) of the Pennsylvania Divorce Code.
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