Indiana Court of Appeals Holds Enhanced Pension Not Marital Property

In Granzow v. Granzow, the Indiana Court of Appeals affirmed, inter alia, the trial court's holding that the husband's enhanced pension was not marital property.  On August 1, 2003, Mr. Granzow filed for dissolution of marriage.  On Feburary 25, 2004, Mr. Granzow reached his thirtieth year of employment, at which point he was entitled to an enhanced pension, valued at $371,566.  The trial court found that "[T]he enhancement portion of the pension is not a marital asset subject to division.  The enhancement was not a vested entitledment when the parties separated in the spring of 2003.  The enhancement was not a vested entitlement when their divorce case was filed on August 1, 2003, nor was it vested entitlement when the parties were divorced on February 4, 2004.  The vesting did not occur until February 25, 2004, when [Husband] attained thirty (30) years of service with United States Steel."  The Court of Appeals affirmed.