Tuesday, April 15, 2008

Indiana Court of Appeals has another QDRO case

Marriage of Overholtzer decided the issue of whether cost of living increases in a military pension occurring post-dissolution belonged to the wife. The Court of Appeals decided that wife was only entitled to cost of living increases for her share of the pension previously awarded to her in divorce decree.

I do not see the decision as straying wildly into new territory but as merely reaffirming that the value of property accruing post-dissolution accrues to the person given that property in the divorce.

What I did find interesting was the discussion of Air Force pensions and Qualified Domestic Relations Orders at pages 3 -4.

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