Collins v. Collins

I disagree with the majority decision. The court’s holding does correctly recognize that Clayton v. Clayton, 297 Ark. 342, 760 S.W.2d 875 (1988), controls, but the court then erroneously applies the rule in Clayton.

In Clayton, this court held that a spouse’s Federal Employers’ Liability Act (FELA) claim for an unliquidated personal injury is subject to being divisible as marital property under Ark. Code Ann. § 9-12-315, however, the Clayton court excepted from marital property those FELA benefits received for any degree of permanent disability or future medical expenses. In Clayton, this…