What is a Fair Distribution in a Dissolution
Indiana Code 31-15-7-4 sets forth elements the Court reviews in determining how to divide the property of the parties in a
dissolution proceeding. 31-9-2-98 includes defined benefit plans (pensions) and defined contribution plans (401k or
savings plans) as property. It is within this section that Indiana courts have wrestled with coverture. Generally,
the "one pot" theory in statutes prohibits the exclusion of any asset in which a party has a vested interest from
the scope of the trial court's power to divide and award. Moyers v. Moyers, 717 N.E. 2nd 976 (Ind. Ct. App. 1999).
However, a court may consider what a party brought into the marriage when evaluating a fair distribution. The concept
of coverture derives from how to determine what a party's retirement was worth at the time of marriage (as well as at the
time of the filing of the dissolution). Generally, it is within the Court's discretion what to include and what not
to; if the Court chooses to consider what Petitioner brought into the marriage, Petitioner requests the Court use the coverture
method to determine accurate values.
Sat, April 30, 2011 | link