Bywater v. Bywater

Defendant brings this interlocutory appeal from the trial court’s declaratory order ruling that proceeds of a settlement agreement in a personal injury action did not constitute a marital asset subject to equitable distribution in divorce proceedings. Such proceeds were entirely for plaintiff’s pain and suffering. We hold that a personal injury award for one spouse’s pain and suffering is a marital asset subject to the equitable jurisdiction of the trial court and reverse the trial court’s order to the contrary.

On July 31, 1977, plaintiff and defendant were injured in an automobile accident.…