Carr v. Carr – Survivor Benefit is Marital Asset, Indiana Appeals Court Rules
A survivor benefit plan of a military pension should be included in the “marital pot” when considering what should be calculated as an “asset” in an Indiana divorce.
That was the ruling handed down by the Indiana Court of Appeals in the recent case of In Re: the Marriage of Carr v. Carr.
This was a couple who had been married for 16 years and had two children together when the husband sought a divorce. For 14 years before the pair were married, husband had worked in the military, and his service continued while the pair were together. Prior to their marriage, the husband had begun building up his pension. During the marriage, that pension grew. He’d also earned a pension prior to the marriage from a private company. Continue reading