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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. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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