In Re the Marriage of Smith

Opinion by

Judge SMITH.

This case presents a question of first impression in Colorado: Whether an unliq-uidated workers’ compensation claim is marital property subject to distribution upon dissolution. The trial court ruled that since the husband’s entitlement to workers’ compensation benefits arose as a result of his employment during marriage, the claim is divisible as marital property. We reverse.

The dispositive facts are not in dispute. In July 1987, after 15 years of marriage, the marriage of Minerva M. Smith and Bruce L. Smith was dissolved. At the time of permanent orders, the husband…