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Cases of Interest: Indiana
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Agreements (full category)

INDIANA: Truman v. Truman, 642 N.E.2d 230 (Ind. Ct. App. 1994).
An oral agreement between the husband and the wife regarding the disposition of the marital estate is not binding unless it is reduced to writing and approved by the court.
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Appreciation of Assets (full category)

INDIANA: Paxton v. Paxton, 709 N.E.2d 31 (Ind. Ct. App. 1999).
The husband should receive as his share of the wife's IRA not only the amount awarded to him in the parties' dissolution decree but also the proportionate increase in value of his share of the IRA from the decree until payment.
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Attorney and Clients (full category)

INDIANA: Landau v. Bailey, 629 N.E.2d 264 (Ind. Ct. App. 1994).
The trial court erred by granting summary judgment against the wife in her malpractice case because there remained a factual question of whether her divorce lawyer failed to present evidence in the dissolution proceeding of the good-will value of the husband's law practice.
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Bankruptcy (full category)

INDIANA: Cowart v. White, 711 N.E.2d 523 (Ind. 1999).
When a spouse obtains a bankruptcy discharge after dissolution, the trial court may enforce the duties to sell and to divide the property imposed by the dissolution decree through contempt without violating the bankruptcy injunction.
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INDIANA: White v. White, 666 N.E.2d 459 (Ind. Ct. App. 1996).
The husband could not be held in contempt for failing to hold the wife harmless for certain debts as required by the parties' dissolution decree, since the hold-harmless obligation had been discharged in his bankruptcy proceeding after the decree; however, the wife could not be ordered to deed real estate to him as required by the decree, because her obligation to transfer the realty was conditioned on his payment of the now-discharged debts.
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Children (full category)

INDIANA: In re Marriage of Hendricks, 681 N.E.2d 777 (Ind. Ct. App. 1997).
Stock which was the subject of an irrevocable gift by the wife to the parties' son under the Uniform Transfers to Minors Act was not marital property, and the wife's share of marital property did not have to be charged with the amount of marital funds which she used to acquire the stock for the son.
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Child Support (full category)

INDIANA: Miller v. Miller, 763 N.E.2d 1009 (Ind. Ct. App. 2002).
The parties were married for seven years when the husband filed a dissolution petition in April 2000. No children were born of the marriage, although the husband had adopted the wife's son from a prior relationship. At the time of their marriage, the wife was the owner of a home purchased with a down payment of $10,000, which was a loan from her mother.
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INDIANA: Carmichael v. Siegel, No. 29A02-0011-CV-740 (Ind. Ct. App. Aug. 31, 2001).
In this case, the court addressed a potpourri of child support guidelines issues. The mother contended that the trial court improperly figured her child support obligation because: (1) it improperly found her to be underemployed; (2) it improperly imputed income to her based upon the expected annual returns of her IRAs;
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Classification of Assets (full category)

INDIANA: In re Marriage of Elkins, No. 09A05-0103-CV-126 (Ind. Ct. App. Feb. 25, 2002).
The wife claimed that the trial court abused its discretion by including her early retirement benefit as a divisible marital asset and by including in the marital estate a child support arrearage owed to her by her children's father.
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INDIANA: Miller v. Miller, No. 34D02-0004-DR-244 (Ind. Ct. App. Feb. 22, 2002).
The wife claimed that the court abused its discretion in its valuation of the marital residence by failing to consider that the wife brought this asset into the marriage.
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INDIANA: Fiste v. Fiste, 627 N.E.2d 1368 (Ind. Ct. App. 1994).
Husband's remainder interest in real estate was too remote to characterize as marital property.
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INDIANA: Fuehrer v. Fuehrer, 651 N.E.2d 1171 (Ind. Ct. App. 1995).
Debts incurred by one spouse for medical expenses and other necessaries after the filing of a dissolution petition are not debts of the marriage to be paid out of the marital estate.
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INDIANA: Capehart v. Capehart, 705 N.E.2d 533 (Ind. Ct. App. 1999).
The husband's debt for loans incurred to finance his higher education before the parties' marriage were properly distributed to him.
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Closely Held Businesses (full category)

INDIANA: Kelsey v. Kelsey, 714 N.E.2d 187 (Ind. Ct. App. 1999).
A trial court issued a marital dissolution decree requiring the husband to transfer to the wife his general partner interest. The court erred because it lacked jurisdiction over the limited partnership and other general and limited partners.
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Cutoff Date (full category)

INDIANA: Fuehrer v. Fuehrer, 651 N.E.2d 1171 (Ind. Ct. App. 1995).
Debts incurred by one spouse for medical expenses and other necessaries after the filing of a dissolution petition are not debts of the marriage to be paid out of the marital estate.
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Death of Spouse (full category)

INDIANA: Johnson v. Johnson, 653 N.E.2d 512 (Ind. Ct. App. 1995).
The dissolution proceeding did not survive the husband's death, and neither the competing interests of the husband's minor children nor public policy warranted deviating from the general rule against survival of divorce actions.
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Debts (full category)

INDIANA: Miller v. Miller, 763 N.E.2d 1009 (Ind. Ct. App. 2002).
A money judgment for child support arrears is property of the child, not property of the receiving parent, and therefore cannot be treated as marital property. In an all-property state, if the court elects not to divide the husband's premarital interest in his retirement plan, it is error to divide the wife's premarital equity in the marital residence.
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INDIANA: White v. White, 666 N.E.2d 459 (Ind. Ct. App. 1996).
The husband could not be held in contempt for failing to hold the wife harmless for certain debts as required by the parties' dissolution decree, since the hold-harmless obligation had been discharged in his bankruptcy proceeding after the decree; however, the wife could not be ordered to deed real estate to him as required by the decree, because her obligation to transfer the realty was conditioned on his payment of the now-discharged debts.
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INDIANA: Fuehrer v. Fuehrer, 651 N.E.2d 1171 (Ind. Ct. App. 1995).
Debts incurred by one spouse for medical expenses and other necessaries after the filing of a dissolution petition are not debts of the marriage to be paid out of the marital estate.
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INDIANA: Capehart v. Capehart, 705 N.E.2d 533 (Ind. Ct. App. 1999).
The husband's debt for loans incurred to finance his higher education before the parties' marriage were properly distributed to him.
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Dissipation of Assets (full category)

INDIANA: Pitman v. Pitman, 721 N.E.2d 260 (Ind. Ct. App. 1999).
The husband's transfer of stock shares to his sister and her husband constituted dissipation of marital assets.
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INDIANA: In re Marriage of Coyle, 671 N.E.2d 938 (Ind. Ct. App. 1996).
Waste and misuse are the hallmarks of dissipation; in determining whether dissipation has occurred, the trial court should consider the accused spouse's intent, the purpose of and benefit from the expenditure, the timing of the transaction, and the non-dissipating spouse's consent or lack of consent.
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Division of Assets (full category)

INDIANA: Vadas v. Vadas, No. 45S04-0103-CV-145 (Ind. Feb. 2, 2002).
The couple occupied a house that the husband had sold to his father before the marriage. The husband and wife maintained and renovated the house with the intention of buying it back. Unfortunately, the divorce intervened. In this case, the couple was married in April 1995.
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INDIANA: In re Marriage of Bartley, 712 N.E.2d 537 (Ind. Ct. App. 1999).
The wife was entitled to a greater share of the marital assets on the grounds that she had resigned full-time employment and that the husband had dissipated the marital assets during the course of the marriage. The value of Social Security widow's benefits forfeited by the wife by reason of the marriage was not subject to inclusion in the calculation of the marital assets.
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Estoppel (full category)

INDIANA: Weinig v. Weinig, 674 N.E.2d 991 (Ind. Ct. App. 1996).
The wife's oral statements during the marriage that she would relinquish any claim to the husband's lottery winnings in the event of divorce did not equitably estop her from claiming a share of the winnings, where the husband did not rely to his detriment on those statements.
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Evidence (full category)

INDIANA: Kerkhof v. Kerkhof, 703 N.E.2d 1108 (Ind. Ct. App. 1998).
By failing to respond to the wife's request for admission that her share of the marital estate was at least $150,000, the husband caused that fact to be conclusively established, but the trial court should have considered the husband's request to withdraw the admission.
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Factors in Award (full category)

INDIANA: Roberts v. Roberts, 670 N.E.2d 72 (Ind. Ct. App. 1996).
A professional degree earned during marriage is not a marital asset, but the degree holder's increased earning capacity may be considered as justification for an unequal division of other assets.
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INDIANA: In re Marriage of Stetler, 657 N.E.2d 395 (Ind. Ct. App. 1995).
Awarding the husband 90% of the marital assets was not erroneous, in view of his superior contributions through which virtually all marital assets were acquired.
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INDIANA: Hacker v. Hacker, 659 N.E.2d 1104 (Ind. Ct. App. 1995).
The husband's potential inheritance of a family farm was too speculative to consider as an economic circumstance justifying an unequal distribution in the wife's favor, although his continued rent-free use of the farm could be taken into account.
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Gifts (full category)

INDIANA: In re Marriage of Hendricks, 681 N.E.2d 777 (Ind. Ct. App. 1997).
Stock which was the subject of an irrevocable gift by the wife to the parties' son under the Uniform Transfers to Minors Act was not marital property, and the wife's share of marital property did not have to be charged with the amount of marital funds which she used to acquire the stock for the son.
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Goodwill (full category)

INDIANA: Yoon v. Yoon, 687 N.E.2d 201 (Ind. Ct. App. 1997).
The goodwill of the husband's sole medical practice was properly included in the marital estate.
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INDIANA: Berger v. Berger, 648 N.E.2d 378 (Ind. Ct. App. 1995).
The proceeds from a restrictive covenant ancillary to the sale of the husband's dental practice should be included in the marital estate to the extent that the payments were compensation for the good will of the practice.
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Inherited Property (full category)

INDIANA: Wallace v. Wallace, 714 N.E.2d 774 (Ind. Ct App. 1999).
In an "all property" state decision, the exclusion of stocks gifted to and solely inherited by the husband from consideration as marital assets was an abuse of discretion.
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INDIANA: Hacker v. Hacker, 659 N.E.2d 1104 (Ind. Ct. App. 1995).
The husband's potential inheritance of a family farm was too speculative to consider as an economic circumstance justifying an unequal distribution in the wife's favor, although his continued rent-free use of the farm could be taken into account.
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Pensions (full category)

INDIANA: Tracy v. Tracy, 717 N.E.2d 183 (Ind. Ct. App. 1999).
Pension benefits are marital property subject to equitable distribution where the benefits are not forfeited at the termination of employment or are vested and payable either before or after the dissolution.
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INDIANA: Hodowal v. Hodowal, 627 N.E.2d 869 (Ind. Ct. App. 1994).
An early retirement subsidy benefit which was available only if the husband remained employed with the same company nine more years was not marital property subject to division.
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INDIANA: Paxton v. Paxton, 709 N.E.2d 31 (Ind. Ct. App. 1999).
The husband should receive as his share of the wife's IRA not only the amount awarded to him in the parties' dissolution decree but also the proportionate increase in value of his share of the IRA from the decree until payment.
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Postdecree Procceedings (full category)

INDIANA: Cowart v. White, 711 N.E.2d 523 (Ind. 1999).
When a spouse obtains a bankruptcy discharge after dissolution, the trial court may enforce the duties to sell and to divide the property imposed by the dissolution decree through contempt without violating the bankruptcy injunction.
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Premarital Property (full category)

INDIANA: Cowden v. Cowden, 661 N.E.2d 894 (Ind. Ct. App. 1996).
Although business assets acquired by the husband before the marriage were part of the marital estate, the premarital origin of the business assets justified awarding him most of the marital estate.
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Professional Licenses and Degrees (full category)

INDIANA: Roberts v. Roberts, 670 N.E.2d 72 (Ind. Ct. App. 1996).
A professional degree earned during marriage is not a marital asset, but the degree holder's increased earning capacity may be considered as justification for an unequal division of other assets.
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Professional Practices (full category)

INDIANA: In re Marriage of Conner, 713 N.E.2d 883 (Ind. Ct. App. 1999).
Remand for redetermination of the value of a radiology practice was ordered, where the values of personal goodwill and enterprise goodwill were not distinguished. The trial court erred in using a "marketability discount" in calculating the value of the practice.
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INDIANA: Yoon v. Yoon, 687 N.E.2d 201 (Ind. Ct. App. 1997).
The goodwill of the husband's sole medical practice was properly included in the marital estate.
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Stock Options (full category)

INDIANA: Henry v. Henry, No. 02A03-0106-CV-203 (Ind. Ct. App. Nov. 2001).
The wife appealed the division of property, arguing that the court was obligated to consider the value of the husband's interest in certain stock options through his employer that he had not exercised but could have.
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INDIANA: Knotts v. Knotts, 693 N.E.2d 962 (Ind. Ct. App. 1998).
The value of the husband's unexercised stock options should not have been reduced by the amount of estimated capital gains taxes.
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INDIANA: Hiser v. Hiser, 692 N.E.2d 925 (Ind. Ct. App. 1998).
The value of the husband's stock options was properly reduced to account for taxes paid at the time when he exercised them and sold the stock during the dissolution proceedings.
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Stocks (full category)

INDIANA: Pitman v. Pitman, 721 N.E.2d 260 (Ind. Ct. App. 1999).
The husband's transfer of stock shares to his sister and her husband constituted dissipation of marital assets.
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Tax Consequences (full category)

INDIANA: Knotts v. Knotts, 693 N.E.2d 962 (Ind. Ct. App. 1998).
The value of the husband's unexercised stock options should not have been reduced by the amount of estimated capital gains taxes.
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INDIANA: Hiser v. Hiser, 692 N.E.2d 925 (Ind. Ct. App. 1998).
The value of the husband's stock options was properly reduced to account for taxes paid at the time when he exercised them and sold the stock during the dissolution proceedings.
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Transmutation of Property (full category)

INDIANA: Wallace v. Wallace, 714 N.E.2d 774 (Ind. Ct App. 1999).
In an "all property" state decision, the exclusion of stocks gifted to and solely inherited by the husband from consideration as marital assets was an abuse of discretion.
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Trusts (full category)

INDIANA: Adler v. Adler, 713 N.E.2d 348 (Ind. Ct. App. 1999).
The assets of an irrevocable trust referenced in the property settlement agreement constituted marital property, and the husband's conduct as trustee was subject to challenge by the wife pursuant to the continuing jurisdiction of the dissolution court.
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Valuation of Property (full category)

INDIANA: Landau v. Bailey, 629 N.E.2d 264 (Ind. Ct. App. 1994).
The trial court erred by granting summary judgment against the wife in her malpractice case because there remained a factual question of whether her divorce lawyer failed to present evidence in the dissolution proceeding of the good-will value of the husband's law practice.
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INDIANA: Knotts v. Knotts, 693 N.E.2d 962 (Ind. Ct. App. 1998).
The value of the husband's unexercised stock options should not have been reduced by the amount of estimated capital gains taxes.
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INDIANA: Hiser v. Hiser, 692 N.E.2d 925 (Ind. Ct. App. 1998).
The value of the husband's stock options was properly reduced to account for taxes paid at the time when he exercised them and sold the stock during the dissolution proceedings.
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