Shari L. Morey v. W. Michael Morey, 49 N.E.3d 1065

Shari and W. Michael Morey married in 1991; Michael worked at Reynolds & Reynolds from 1983–2005 and accrued a defined‑benefit pension, an annuity, and a 401(k). Fourteen of Michael’s 22 years at Reynolds were during the marriage.
Wife filed for dissolution on February 6, 2014; trial occurred December 4, 2014; decree entered January 5, 2015. Pension expert valued the Reynolds pension at $100,498.07 as of separation.
Trial court applied a 14/22 coverture fraction to the Reynolds pension, allocating $63,953.28 to the marital pot and then divided that marital portion equally. It declined to apply coverture to Michael’s annuity and 401(k) for lack of evidence about pre‑marital accrual.
Court awarded most retirement accounts and tax refunds between the parties, did not credit Wife for $1,200 she claimed to have paid on Husband’s post‑petition credit charges, and valued the marital residence at $299,300.
Both parties appealed: Wife challenged application of coverture to the Reynolds pension, the failure to credit her post‑petition payment, and the residence valuation; Husband cross‑appealed the trial court’s refusal to find he rebutted the equal‑division presumption and its refusal to apply coverture to the annuity and 401(k).

Issue	Wife's Argument	Husband's Argument	Held
Whether coverture fraction should apply to Reynolds pension	Trial court erred in applying coverture because it produced an unequal division despite finding equal division was presumptively just	Coverture properly applied to segregate pre‑marital portion of pension	Affirmed: coverture may be used to segregate pre‑marital portion; court properly applied 14/22 to pension and then equally divided the marital portion
Whether coverture should apply to annuity and 401(k)	(not primary)	Court erred by not applying coverture to annuity and 401(k) because accrual began pre‑marriage	Affirmed: Husband bore burden to prove pre‑marital accrual; trial court did not err in declining coverture for annuity and 401(k) due to insufficient evidence
Whether Wife is entitled to $1,200 credit for post‑petition credit card charges paid with federal refund	Wife paid Husband’s post‑petition charges and used the 2013 federal refund to reimburse herself; trial court should credit her	Husband disputes arrangement; no evidence admitted showing reimbursement	Affirmed: trial court credited witness credibility and Exhibit was not admitted; no error in denying credit
Whether trial court erred in valuing marital residence at $299,300	Valuation is unsupported by evidence; lower value by realtor should control	Husband and realtor provided testimony supporting ~$300,000 value	Affirmed: valuation supported by realtor and Husband testimony; not an abuse of discretion

In re Marriage of Nickels, 834 N.E.2d 1091 (Ind. Ct. App.) (standard of review for special findings and valuation)
Dunson v. Dunson, 769 N.E.2d 1120 (Ind.) (cited for Trial Rule 52(A) and review standard)
Thompson v. Thompson, 811 N.E.2d 888 (Ind. Ct. App.) (one‑pot theory; include all assets for division)
Lulay v. Lulay, 591 N.E.2d 154 (Ind. Ct. App.) (requirement to include assets in marital pot before awarding to one spouse)
In re Marriage of Fisher, 24 N.E.3d 429 (Ind. Ct. App.) (explains coverture fraction method for pensions)
Hardin v. Hardin, 964 N.E.2d 247 (Ind. Ct. App.) (coverture fraction description and use)
Castaneda v. Castaneda, 615 N.E.2d 467 (Ind. Ct. App.) (setting aside inheritance from marital pot justified)
Sadler v. Sadler, 428 N.E.2d 1305 (Ind. Ct. App.) (future income not divisible as marital property)
Harris v. Harris, 31 N.E.3d 991 (Ind. Ct. App.) (vesting requirement for inclusion of pension in marital pot)
Hartley v. Hartley, 862 N.E.2d 274 (Ind. Ct. App.) (need for trial court to state reasons when deviating from equal division)
Alexander v. Alexander, 927 N.E.2d 926 (Ind. Ct. App.) (marital pot generally closes on filing date; post‑petition debts excluded)
Saler v. Irick, 800 N.E.2d 960 (Ind. Ct. App.) (on appellate exclusion of evidence not admitted at trial)