Ex-wife not entitled to half of pension earned after divorce

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The Indiana Court of Appeals held Tuesday that a trial court did not impermissibly modify a property settlement agreement or decree, but simply clarified that the intent of the parties was to divide the marital property acquired during the marriage and before the final date of separation.

Judith Lund Pherson sought half of the pension her ex-husband Michael Lund earned from his employer in the 18 ½ years after the two divorced. At the time of their divorce in 1991, the two agreed that Pherson would be entitled to half of Lund’s Tier II benefits from his railroad employer. When he retired after 42 years of service, Pherson began receiving half of the benefits. But Lund sought clarification from the court whether his ex-wife could claim a portion of the retirement funds he earned after their divorce.

The trial court clarified that the pension benefits earned in those 18 ½ years didn’t exist at the time of the divorce as a marital asset.  The Court of Appeals affirmed in Judith (Lund) Pherson v. Michael Lund, 52A04-1304-DR-180.

“It is true that Indiana law ‘encourages’ divorcing spouses to reach agreements and the spouses ‘have more flexibility in crafting their own property settlement agreements than do divorce courts,’” Judge L. Mark Bailey wrote, citing Wilson v. Wilson, 716 N.E.2d 486, 489 (Ind. Ct. App. 1999). “Parties may agree to provisions which a trial court has no statutory authority to order. Husband and Wife in this case could have agreed to divert Husband’s after-acquired funds to Wife as alimony or maintenance.  However, the Agreement is devoid of any language suggesting this intent. We agree with the trial court that the Agreement was not intended to divide the future earnings of one spouse. Its sole objective was to divide property acquired before the date of final separation.”



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

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