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FOR PUBLICATION
ATTORNEY FOR APPELLANT: STEVEN F. FILLENWARTH Indianapolis, Indiana ATTORNEY FOR APPELLEE: DYLAN A. VIGH Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JAMES L. LEONARD, Appellant-Petitioner, vs. KAREN J. LEONARD, Appellee-Respondent. ) ) ) ) ) ) ) ) )

No. 49A05-0605-CV-263

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Victoria M. Ransberger, Master Commissioner Cause No. 49D05-0405-DR-000999

DECEMBER 14, 2007

OPINION - FOR PUBLICATION

HOFFMAN, Senior Judge

Appellant-Petitioner James L. Leonard ("James") appeals from the trial court's Judgment and Decree of Dissolution of Marriage ("the Decree") in dissolution proceedings James instituted against Appellee-Respondent Karen J. Leonard ("Karen"). More specifically, James contests the portion of the Decree attempting to divide the parties' military and civilian pensions. James raises the following restated issues for our review: I. Whether the trial court erred in its award to Karen of the survivor benefit portion of James' military pension. II. Whether the trial court erroneously awarded Karen a non-marital portion of an asset when the trial court modified the Decree. III. Whether the trial court abused its discretion in dividing the disability portion of James' military pension. James and Karen were married on May 19, 1978. James entered the United States Army on December 16, 1978. James filed his petition for dissolution of marriage on May 26, 2004. As of the date of filing, James had attained the rank of colonel and earned approximately $120,000.00 per year in his position as military base commander for the Department of Finance and Accounting Services ("DFAS"). As of the date of filing, Karen was employed as a civilian accountant for the DFAS earning approximately $80,000.00 per year. The final hearing on James' petition began on June 28, 2005, continued on September 12, 2005, and concluded on November 29, 2005. As of the date of the final hearing, the two children of the marriage were emancipated for purposes of child support. Of the items of property and debt accumulated during the marriage, division of the

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parties' pension benefits was of particular concern below and here on appeal. James had accumulated a military pension with an accrued vested benefit as of the date of filing of $4,295.00 per month. Karen had also accumulated a pension through her employment as a participant in the Federal Employees Retirement System ("FERS"). Both parties

presented expert witness testimony at the final hearing regarding how to calculate the present net value of James' military pension. The trial court took the matter under advisement. On December 12, 2005, the trial court issued the Decree. The Decree divided the parties' retirement accounts, including James' military pension. Ultimately, the trial court decided to adopt a percentage distribution as permitted by 10

U.S.C.

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