Beckley v. Beckley

I concur with the majority's conclusion that any part of an FELA settlement representing future losses is not marital property, and that any portion intended as compensation for losses incurred during the marriage is included in the marital estate. I disagree, however, with the majority's decision to create a presumption that all assets of either or both parties in a dissolution case are marital property subject to division.

The applicable statute specifies with particularity those assets that are included in the marital estate subject to division. It provides:

In an action for dissolution of…