Indiana Code
Ind. Code § 31-9-2-46 (2025)
"Final separation"
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 46. "Final separation", for purposes of IC 31-15-7, means the date of filing of the petition for dissolution of marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal). However, if:
(1) a legal separation proceeding involving the parties was pending when the petition for dissolution of marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal) was filed; or
(2) a provisional order or final decree for legal separation of the parties was in effect when the petition for dissolution of marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal) was filed;
the term means the date that the petition for legal separation was filed under IC 31-15-3-4 (or IC 31-1-11.5-3 before its repeal).
[Pre-1997 Recodification Citation: 31-1-11.5-11(a).]
As added by P.L.1-1997, SEC.1.
Notes of Decisions
Cited in 20
cases (1 in the last 5 years), 2000–2024 · leading case: Lisa A. Birkhimer v. Neil S. Birkhimer, 981 N.E.2d 111 (Ind. Ct. App. 2012).
Lisa A. Birkhimer v. Neil S. Birkhimer, 981 N.E.2d 111 (Ind. Ct. App. 2012). “In fact, Neil asked the trial court to value certain assets as of April 25, 2005, and his proposed order stated that, pursuant to Indiana Code Section 31-9-2-46, the court “may use any date between the Separation Date and the date disposition of the property is effective to…”
Thompson v. Thompson, 811 N.E.2d 888 (Ind. Ct. App. 2004). “2000) (citing Ind.Code § 31-9-2-46 (1998)); Harris v. Harris, 690 N.”
Deckard v. Deckard, 841 N.E.2d 194 (Ind. Ct. App. 2006). “Ind.Code § 31-9-2-46. The trial court has discretion to set any date between the date of filing the dissolution petition and the date of the hearing as the date for marital property valuation.”
Helm v. Helm, 873 N.E.2d 83 (Ind. Ct. App. 2007). “]” Ind.Code § 31-9-2-46. In other words, the marital estate is set at the time of the filing of the dissolution petition, which, in this case, was before the last two lottery payments were' received.”
Russell Goodman v. Stephanie Goodman, 94 N.E.3d 733 (Ind. Ct. App. 2018). “" I.C. § 31-9-2-46. When dividing property in a dissolution proceeding, the court shall include property owned by either spouse prior to the marriage, acquired by either spouse in his or her own right after the marriage and before the final separation of the parties, or acquired…”
Kimberly L. Eads v. Robert J. Eads, Jr., 114 N.E.3d 868 (Ind. Ct. App. 2018). “Ind. Code § 31-9-2-46 . "Property" is defined in part as all the assets of either party or both parties, including: *874 (1) a present right to withdraw pension or retirement benefits; (2) the right to receive pension or retirement benefits that are not forfeited upon…”
George S. Fischer v. Jennifer M. Fischer, 68 N.E.3d 603 (Ind. Ct. App. 2017). “The “marital property” includes property owned by either spouse before marriage, property acquired by either spouse in his or her own right after the marriage and before the parties’ final separation, and property acquired by their joint efforts.”
Magee v. Garry-Magee, 833 N.E.2d 1083 (Ind. Ct. App. 2005). “See Ind.Code §§ 31-9-2-46, 31-15-7-4; see also Bartrom v.”
Mary Ann Crider v. Robert Crider, 26 N.E.3d 1045 (Ind. Ct. App. 2015). “See I.C. § 31-9-2-46. As the Florida Property is a post-Filing Date acquisition, Wife posits that it “should not be considered as part of the ‘marital pot.”
Granzow v. Granzow, 855 N.E.2d 680 (Ind. Ct. App. 2006). “" Ind.Code § 31-9-2-46. Some earlier panels of this court appear to have identified marital property subject to division in dissolution proceedings as of the date of dissolution.”
Wilson v. Wilson, 732 N.E.2d 841 (Ind. Ct. App. 2000). “” Ind.Code § 31-9-2-46 (formerly Ind.Code § 31-l-11.”
Marriage of Trackwell v. Trackwell, 740 N.E.2d 582 (Ind. Ct. App. 2000). “Cope § 31-9-2-46. . Wife alleges that "[hlad the court equally divided the marital estate, determined as of the date of final separation, [Wife] would have received at least $86,306 more in assets than those allocated to her by the trial court.”
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