Valuation and Cutoff Dates for Retirement Accounts in Indiana: Separation, Filing or Decree

By the FigureMyTax Editorial Team · How we calculate

In an Indiana retirement division, the cutoff is final separation, which is the date the petition for dissolution is filed, or an earlier pending legal separation petition. Property owned before the marriage is still divided, and benefits payable later can be paid when received.

What date does Indiana use to stop counting retirement benefits?

Final separation. For property division, final separation is the date the petition for dissolution is filed, or the date a petition for legal separation was filed if a legal separation proceeding or a provisional or final decree for legal separation was pending or in effect when the dissolution petition was filed (IC 31-9-2-46). The court divides property owned before the marriage, acquired after the marriage and before final separation, or acquired by joint efforts (31-15-7-4(a)), so service earned after the filing date falls outside the division. The Indiana pension division calculator counts service to that date.

Does the premarital part count in Indiana?

Indiana divides property owned by either spouse before the marriage as well (31-15-7-4(a)(1)). How much each spouse acquired before the marriage is a factor the court weighs in deciding whether to depart from an equal division (31-15-7-5(2)), so the calculator shows the part outside the fraction separately.

When is the pension valued in Indiana?

The statutes we read name no valuation date for retirement benefits. For a pension payable later, the court can avoid valuing it by setting aside a percentage of the payments when received (31-15-7-4(b)(4)). Where you divide a defined-contribution account, name the valuation date and each account’s value on it.

What if one spouse dissipates assets in Indiana?

The conduct of the parties during the marriage as related to the disposition or dissipation of their property is a factor that can rebut the equal division presumption (31-15-7-5(4)).

What if a legal separation is filed first in Indiana?

The cutoff moves back to the date the legal separation petition was filed, if that proceeding was pending or a provisional or final decree for legal separation was in effect when the dissolution petition was filed (31-9-2-46). Ask a licensed Indiana attorney how that affects your retirement accounts.

Can the court wait to divide a pension in Indiana?

For benefits payable after the dissolution, the court may order the distribution by setting aside a percentage of the payments at the time of receipt (31-15-7-4(b)(4)), so the amount is set as a percentage now and the dollars follow when the plan pays.

How do I find my months of service to the filing date in Indiana?

Take the plan statement that shows service credit on the date you plan to file, or on the marriage date and the filing date, and subtract. A plan administrator can often give a service credit history by date.

How does the cutoff fit with the rest of the estate in Indiana?

A retirement benefit is one asset in the estate. See the Indiana property division calculator and the Indiana alimony calculator. Maintenance is limited to the cases in 31-15-7-2.

What should the paperwork say in Indiana?

• The marriage date and the petition filing date used for the fraction.
• Each account and its value on a stated date.
• Whether gains and losses after that date are shared.
• The percentage of each payment, when benefits are payable later.
• The plan’s order requirements, such as a qualified domestic relations order.

Frequently asked questions

Official sources

• IC 31-15-7-4: division of property
• IC 31-15-7-5: presumption of equal division
• IC 31-9-2-98: property
• IC 31-9-2-46: final separation
• 10 U.S.C. 1408: military retired pay in divorce
• 26 U.S.C. 414(p): qualified domestic relations orders
• 29 U.S.C. 1056(d)(3): ERISA domestic relations orders
• IC 31-15-7-2: maintenance findings

This is general information, not legal advice. It is based on the cited Indiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Indiana attorney.