Fitzgerald v. Fitzgerald

DAVIS, Chief Justice:

This case comes before the Court upon questions certified by the Circuit Court of Putnam County inquiring whether a spouse’s workers’ compensation peivnanent total disability benefits constitute marital property or separate property for purposes of equitable distribution, and, based upon the classification of such benefits, how they should then be distributed to the parties. Upon a review of the parties’ arguments, the record of the proceedings below, and the pertinent authorities, we answer the certified questions and remand this matter for further proceedings consistent…