Classification of Assets
INDIANA: Gard v. Gard, 825 N.E.2d 907 (Ind. Ct. App. 2005).
The trial court erred by including in the divisible estate funds used to pay off the husband's premarital debts. On remand, however, the trial court could consider that payment as a division factor in the wife's favor.
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PENNSYLVANIA: Teodorski v. Teodorski, 2004 Pa. Super. 313, 857 A.2d 194 (2004).
The trial court did not err in holding that the date of separation the date of classification of marital property under Pennsylvania law was the date on which the court issued a protection from abuse order against the husband, even though the parties continued to have sexual relations and the husband continued to support the wife after that date. The trial court did not err in awarding the wife 50% of the husband's retirement plan, rather than 60% as she requested.
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