Lewis v. Lewis
| Decision Date | 21 February 1997 |
| Docket Number | No. 96-0789,96-0789 |
| Citation | 944 S.W.2d 630 |
| Parties | 40 Tex. Sup. Ct. J. 359 Thomas Jerry LEWIS, Petitioner, v. Eva Laverne LEWIS, Respondent. |
| Court | Texas Supreme Court |
Martin L. Peterson, Stephenville, for petitioner.
Garry Lewellen, Stephenville, for respondent.
Is a workers' compensation settlement paid during marriage community property if the claimant's disability occurred prior to the marriage? The lower courts answered this question yes. 923 S.W.2d 837. We disagree.
Thomas Lewis suffered a work-related injury resulting in immediate permanent disability for which he claimed compensation. Seven months later he married Eva, and about ten months into the marriage he settled his compensation claim. The net proceeds, some $30,000, were deposited in Eva's account. About half of it was used to buy 15.25 acres of land deeded to both Thomas and Eva, and the balance was spent on living expenses. Several years later Eva filed for divorce. Thomas contended that the land was his separate property because it was purchased with the settlement funds. Eva contended that it was community property because Thomas received the funds while they were married. The trial court agreed with Eva and partitioned the property equally between them, giving Thomas the northern half and Eva the southern half. The court of appeals affirmed. 923 S.W.2d at 839.
A spouse's separate property includes "the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage." TEX. FAM.CODE § 5.01(a)(3). The character of compensation benefits paid during marriage is determined not by when the injury occurred, but by when the loss of earning capacity occurred. Thomas' loss did not occur during marriage. Thomas was determined to be permanently disabled from the date of his injury, some seven months before he married Eva. No further loss of earning capacity from his injury occurred during marriage. The payment he received during marriage was for a permanent loss he suffered before marriage.
Eva argues that because Thomas' disability was permanent and thus continued through marriage, part of his benefits should compensate the community for the loss it has suffered. By this theory, however, Eva would be entitled to part of Thomas' compensation benefits even if they had been paid before marriage. The argument is simply not credible. Thomas' loss was fully incurred before the community even existed and while it continued, Eva...
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