In Re the Marriage of Cupp

OPINION

GRANT, Judge.

The primary issue presented in this appeal is whether a workers’ compensation award commuted to a lump sum payment during a marriage is community or separate property.

The facts pertinent to this appeal are undisputed. The parties were married in August 1973, and a final decree of dissolution was entered on March 25,1985. Shortly thereafter, the husband, William Cupp, moved to set aside the decree as to the division of property only. After a trial to the court, the court awarded the wife, Vivian, certain assets including personal and real property she had purchased with the…