Reimbursement of Marital Funds
National Legal Research Group, Inc.)
If the payment of temporary support from marital funds is permitted, and a spouse pays such support from post-separation separate income, can the support be treated as an advance upon the recipient’s equitable distribution award? Indiana gives the trial court discretion to treat such support as an advance:
A trial court has discretion to determine whether it will give a party credit in the final division of property for temporary support and maintenance paid during the proceedings.
Bojrab v. Bojrab, 786 N.E.2d 713, 724 (Ind. Ct. App. 2003).
[I]t is not improper, in dividing marital property, to consider temporary maintenance paid by one spouse under a provisional order. The section governing such orders provides that "[t]he issuance of a provisional order shall be without prejudice to the rights of the parties or the child as adjudicated at the final hearing. . . ." IND. CODE 31-1-11.5-7(e). Applying that section here, we do not believe the court’s provisional order requiring Nicholas to make house payments prejudiced his right to have the court consider such payments in dividing the marital property. Giving Nicholas credit for paying joint marital obligations was an appropriate means of ensuring that the marital property was divided "in a just and reasonable manner." The court did not abuse its discretion in considering Nicholas’s payment of marital obligations in dividing the marital property.
Herron v. Herron, 457 N.E.2d 564, 567-68 (Ind. Ct. App. 1983).
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