CUNNINGHAM v. CUNNINGHAM

Docket No. 285541.

795 N.W.2d 826 (2010)

289 Mich. App. 195

CUNNINGHAM v. CUNNINGHAM.

Court of Appeals of Michigan.

Decided July 13, 2010, at 9:05 a.m.


Attorney(s) appearing for the Case

Halm, Christian & Prine, P.C. (by David E. Prine ), Howell, for Rosemarie Cunningham.

Trost & Wolfer, P.C. (by Richard M. Trost ), Brighton, for James T. Cunningham.

Before: BORRELLO, P.J., and WHITBECK and K.F. KELLY, JJ.


K.F. KELLY, J.

In this divorce action, we must decide whether, and to what extent, workers' compensation benefits received during a marriage are to be considered marital property. We hold that such benefits are marital property only to the extent that they compensate for wages lost during the marriage. We further conclude that the trial court erroneously awarded defendant, as his separate property, that portion of his workers' compensation award used as part of the...

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