Senior Status Judge Harris recently addressed the issue of whether workers compensation benefits were marital property and thus subject to equitable distribution in a divorce. Here is a squib and link to the decision:
Day v. Day
2008-CA-000133 12/11/2009 2009 WL 4722579
Opinion by Senior Judge Harris; Judges Lambert and VanMeter concurred. The Court affirmed an order of the trial court in a dissolution of marriage action determining that appellant’s entire workers’ compensation settlement was marital property and awarding appellee one-half of the settlement and setting appellant’s child support obligation. The Court held that the trial court did not abuse its discretion in determining that the entire workers’ compensation settlement was a marital asset and dividing it equally between the parties after it considered the factors required by KRS 403.190.