Divorcing TN Husband Entitled to Keep Personal Injury Settlement

Tennessee law case summary on separate property in divorce and family law from the Court of Appeals.

Melinda Jan Metzinger v. Ronald Wayne Metzinger – Tennessee divorce classification – separate property

Melinda and Ronald Metziner were married in 2004.  The husband was an over the road truck driver, and was injured when a drunk driver ran over him in a parking lot.  His leg was broken “completely in half” and he required a steel rod and pins.  He was out of work for about seven months.  In 2012, he received a settlement of $66,000.  This amount was never apportioned between lost wages and pain and suffering, but the husband took the position that most of it was to compensate him for his pain and suffering.  Also, in 2012, they filed for divorce in Dyer County, Tennessee.

The parties agreed to most of the issues in the case, including a parenting plan for their three children.  But they were unable to agree as to the disposition of the personal injury settlement.  After hearing the testimony, the trial court deducted some payments for medical expenses and repairs to the truck, and held that the remainder was marital property, and awarded half of the remainder, about $26,000, to the wife.  After the final judgment, the husband appealed to the Tennessee Court of Appeals, arguing that the entire settlement was his separate property.

The appeals court first noted that this is a question of fact, and that the trial court’s determination is entitled to a great deal of weight.  It then reviewed the relevant provisions of the Tennessee statutes.  The Court of Appeals noted that if a recovery is for wages lost during the marriage or damage to marital property, then it is marital property.  But in this case, the husband was out of work for only seven months.  Therefore, most of the award was for the husband’s separate property.  Since the portions that were properly classified as marital had already been deducted, the Court of Appeals held that it was error to award any part of the remainder to the wife.

For this reason, the Court of Appeals reversed that portion of the lower court’s order.

No. W2013-02220-COA-R3-CV (Tenn. Ct. App. Apr. 22, 2014).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Tennessee Property Division Divorce Laws & Factors | Answers to FAQs.