Kozich v. Kozich

TAMILIA, Judge.

This appeal presents the issue whether the disability portion of a tort settlement remains separate property of the injured spouse for purposes of equitable distribution. The trial court, by Order dated November 22, 1989, adopted the recommendations of the master, which, inter alia, determined that the settlement proceeds were marital property, and ordered appellant/husband David T. Kozich to pay to appellee/wife $320,000. We affirm.

The parties were married on October 16, 1976 and had two minor children who now reside with the wife. On March 20, 1982, while in the course of his…