Cunningham v. Cunningham

In this divorce action, we must decide whether, and to what extent, workers’ compensation benefits received during a marriage are to be considered marital property. We hold that such benefits are marital property only to the extent that they compensate for wages lost during the marriage. We further conclude that the trial court erroneously awarded *197defendant, as his separate property, that portion of his workers’ compensation award used as part of the down payment on the parties’ second marital home. We reverse and remand.

I. BASIC FACTS

The parties were married in October 1982. In November…