Fitzgerald v. Fitzgerald

The majority adopted a misadvised approach in responding to the certified question that raised the issue of whether a permanent total disability (“PTD”) award includes, as part of the award, an element for pain and suffering in the context of applying equitable distribution principles in a divorce proceeding. Given the clear absence of any statutory language in the statutes pertaining to equitable distribution that would include an award of PTD benefits as separate property,1 the majority could have simply concluded that the Legislature has failed to identify PTD awards, or any portion…