Home
About
Services
MAP
Links
Contact info

The Griebel Law Office LLC - in Churubusco, Indiana

9309 E. Commerce Dr. Suite 2, Churubusco, IN  46723

|Phone: 260.693.0099 | Fax: 260.693.0099 |

HOURS:  9 am to 5 pm Monday - Friday; other hours by appointment only

Archive Newer | Older

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          Comments


Archive Newer | Older

This site advertises the Griebel Law Office LLC, which is making the information in this available for informational purposes only and does not intend that recipients consider it legal advice. In addition, the transmission and receipt of information through this site does not form or constitute an attorney-client relationship. This includes, but is not limited to, using the links in this site to solicit information from the Griebel Law Office LLC. Those who access the information in this site (or the related LinkedIn, Facebook, or Twitter feeds) should not act upon it without first seeking professional legal counsel.