Metzner v. Metzner

BROTHERTON, Chief Justice:

In this case, we are asked to determine whether the compensation that an attorney might receive for contingent fee contracts and other future earned fees for cases which are pending at the time of a divorce is “marital property” within the meaning contemplated by West Virginia Code § 48-2-l(e)(l): “property and earnings acquired ... during the marriage.” The appellant, Sydney 0. Metzner, now appeals from the lower court’s ruling that only accounts receivable as of the date of separation are considered as marital property subject to equitable distribution.

The parties…