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Appeals court remands divorce distribution for IRA recalculation

December 16, 2014

The value of an Individual Retirement Account was miscalculated by a trial court, but the Indiana Court of Appeals otherwise affirmed the distribution of a marital estate in a divorce case.

The appeals panel sent In Re: The Marriage of Helen Fisher v. Ronald Fisher, 64A05-1403-DR-150, back to Porter Superior Court to revalue an IRA at $197,667 instead of the $174,031 value the trial court set. But the COA declined to find that the trial court abused its discretion by not deviating from the equal division of property presumption because Ronald Fisher had taken distributions from the IRA.

The COA noted during this time Helen Fisher lived with her divorced husband who paid all her expenses. “On the facts before us, we cannot say the circumstances are such that the court’s refusal to deviate from an equal distribution of assets was an abuse of discretion,” Judge Margret Robb wrote for the panel.

 

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