Lowery v. Lowery

In Lowery v. Lowery, 113 Md. App. 423, 688 A.2d 65 (1997), the injured spouse received a workers' compensation settlement for injuries that occurred prior to his marriage. Id. at 427. After filing three separate workers' compensation claims, Mr. Lowery, the injured spouse, finally reached a settlement with the employer/insurer in April 1995. By virtue of the settlement, he received a lump sum of $ 7,500 and an annuity of $ 500 a month for life (or a minimum of twenty years), with a guaranty of a minimum of $ 120,000 payable to either him or his estate. Id. at 428. The agreement was silent, however, as to whether the purpose of the award was to compensate Mr. Lowery for lost wages, medical expenses, or otherwise. Id. One month later, in May 1995, Mrs. Lowery obtained a judgment of absolute divorce. Id. at 429. In Lowery, the trial court concluded that $ 44,000 of the settlement was marital property because it was compensation to the husband for loss of his earning capacity during the marriage. Id. at 429. The Court noted that "to the extent that the award compensated Mr. Lowery for lost wages or future earning capacity during the marriage or medical expenses paid for out of marital assets" it would be considered marital property. Id. at 436-37.