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CourtListener opinion 11116418
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- Extracted case name
- pending
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- 849 N.E.2d 773
- Docket / number
- 24A-DN-580
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Machine-draft public headnote: CourtListener opinion 11116418 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to pension / defined benefit issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.
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Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.
Category: pension / defined benefit issues
Evidence quotes
QDRO“[Wife] $5,600 in pension back pay. He's going to repay that all to her in 12 months, and moving forward from today, which is the date of the decree, the pension will be divided 50/50, evenly, between the two of them. And [Wife's counsel] will prepare the QDRO for DFAS and submit it, and we would just like a minute entry – or [Wife's counsel] and I will submit an agreed to entry for today that will not require clients' signatures – it will just be an agreed to entry. Id. at 65. Wife's counsel stated: I think that covers everything. I think that [Husband] has also determined that he'll just make even paymen”
pension“580 | August 7, 2024 Page 1 of 15 Brown, Judge. [1] Dalton E. Griffith ("Husband") appeals from the trial court's decree of dissolution and claims the court erred in denying his request to repudiate his settlement agreement regarding the division of his pension. We affirm. Facts and Procedural History [2] Husband and Dawn M. Griffith ("Wife") were married in 1998. In 2019, Wife filed a petition to dissolve the marriage. The parties participated in mediation in April 2022 which resulted in an agreement resolving all matters except for the division of Husband's military pension. On August 21, 2023, the cour”
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- Deterministic extraction
- reporter: 849 N.E.2d 773 · docket: 24A-DN-580
- Generated at
- May 14, 2026
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Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.
Clean opinion text
MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision is not
binding precedent for any court and may be cited only for persuasive value
or to establish res judicata, collateral estoppel, or law of the case.
FILED
Aug 07 2024, 9:44 am
CLERK
Indiana Supreme Court
Court of Appeals
and Tax Court
IN THE
Court of Appeals of Indiana
Dalton E. Griffith,
Appellant
v.
Dawn M. Griffith,
Appellee
August 7, 2024
Court of Appeals Case No.
24A-DN-580
Appeal from the Kosciusko Superior Court
The Honorable Christopher D. Kehler, Special Judge
Trial Court Cause No.
43D01-1907-DN-219
Memorandum Decision by Judge Brown
Judges May and Pyle concur.
Court of Appeals of Indiana | Memorandum Decision 24A-DN-580 | August 7, 2024 Page 1 of 15
Brown, Judge.
[1] Dalton E. Griffith ("Husband") appeals from the trial court's decree of
dissolution and claims the court erred in denying his request to repudiate his
settlement agreement regarding the division of his pension. We affirm.
Facts and Procedural History
[2] Husband and Dawn M. Griffith ("Wife") were married in 1998. In 2019, Wife
filed a petition to dissolve the marriage. The parties participated in mediation
in April 2022 which resulted in an agreement resolving all matters except for
the division of Husband's military pension. On August 21, 2023, the court held
a hearing on the division of Husband's military pension. Wife testified that
Husband was in the United States Army, he left the military in 2009, she
believed that he was in the military for twenty-three and one-half years, and he
received retirement and disability payments. The court admitted a valuation of
Husband's military pension. 1 Husband's counsel requested a break.
[3] Following a recess, 2 Husband's counsel stated, "Your Honor, we have reached
an agreement to resolve all pending matters before the Court" and asked to read
the agreement into the record. Transcript Volume II at 64. The court replied
affirmatively and stated it would then ask Wife's counsel if there were any
1
The valuation stated it was based on the assumption that Husband's monthly retirement payment was
$2,761, and Wife testified that his disability payment was "around like 13 to1400 a month." Transcript
Volume II at 27.
2
The transcript states: "Recess at 2:40 p.m. until 3:29 p.m." Transcript Volume II at 64.
Court of Appeals of Indiana | Memorandum Decision 24A-DN-580 | August 7, 2024 Page 2 of 15
additions or corrections and "ask both parties who have already been sworn in
if this is, in fact, your agreement." Id. at 64. The court asked, "what about the
entry of the final decree," and after conferring with Wife's counsel, Husband's
counsel stated, "[t]he entry of the final decree is today, Your Honor," and the
court replied, "Okay. All right. Yes." Id. at 64-65. Husband's counsel stated:
[T]he parties have agreed that [Husband] owes back pay of $36,500,
which will come out of Husband's proceeds for the sale of the
marital residence. Then the parties agreed that from April of 2023
to the present, [Husband] owes [Wife] $5,600 in pension back pay.
He's going to repay that all to her in 12 months, and moving
forward from today, which is the date of the decree, the pension
will be divided 50/50, evenly, between the two of them. And
[Wife's counsel] will prepare the QDRO for DFAS and submit it,
and we would just like a minute entry – or [Wife's counsel] and I
will submit an agreed to entry for today that will not require clients'
signatures – it will just be an agreed to entry.
Id. at 65. Wife's counsel stated:
I think that covers everything. I think that [Husband] has also
determined that he'll just make even payments over a year on the
$5,600. I'm going to assume that we'll also want to add a
provision that if it's not paid within a year, it would then at that
point become a judgment and statutory interest would accrue on
any balance that's not owed (sic).
Id. at 65-66. Husband's counsel said, "we do not have any dates. These are
just numbers we've agreed to because that is the best way to resolve this case,"
and the court stated, "[w]ell, whatever the parties can come up with is better
[than] what I can come up with." Id. at 66. The court asked the parties if they
Court of Appeals of Indiana | Memorandum Decision 24A-DN-580 | August 7, 2024 Page 3 of 15
heard and agreed to the terms of the agreement, Wife stated "Yes, I do," and
Husband stated, "Good to go, sir. Agreed." Id. The court stated: "The Court,
having found it has jurisdiction over the parties and of the marriage, does now
hereby find that the marriage of the parties has suffered an irretrievable
breakdown, it shall be dissolved and the parties shall be restored to the status of
unmarried persons." Id. at 67. The court requested Wife's counsel to submit
"the proposed decree and whatever additional decree or orders are necessary to
divide the military pension" and stated, "[u]pon receipt of those documents, I
will sign those and counsel will receive those through our e-filing system." Id.
at 67-68. Husband's counsel stated, "September 1 is the first date that the
pension's divided 50/50 because we agreed to back pay [for] the four months
since April." Id. at 68. On September 7, 2023, Husband's counsel filed a
motion to withdraw appearance.
[4] On October 6, 2023, counsel for Wife submitted a proposed order. An entry
dated October 9, 2023, in the chronological case summary ("CCS") states:
The Court is in receipt of a proposed Decree of Dissolution filed
by counsel for [Wife]. [Husband] is given to and including
October 23, 2023, to file a written objection. Absent written
objection, the Court will sign the proposed Decree of Dissolution
as tendered.
Appellant's Appendix Volume II at 17.
[5] On October 20, 2023, Husband, by new counsel, filed a "Verified Notice of
Repudiation of Agreement" stating that he wished to repudiate the agreement
Court of Appeals of Indiana | Memorandum Decision 24A-DN-580 | August 7, 2024 Page 4 of 15
made on August 21, 2023. Id. at 96. He asserted that he "felt pressured and
forced by his counsel to agree to the terms that were read into the record in
open court," he "was under the influence of alcohol at the time of the last
hearing," and his "ability to make decisions was impaired." Id. He argued that
he "cannot agree to provide [Wife] with ½ of his military pension," he "is
disabled and not employed," "eleven years of [his] time in the Army and
contribution toward his pension benefit were earned prior to the date of the
parties' marriage," and "a coverture fraction should be applied in this matter."
Id. at 97. Husband requested the court to set aside the agreement read into the
record and schedule a new hearing on the issue of the military pension. Wife
filed a response arguing "[t]he parties each approved the details of the terms to
be included in a decree." Id. at 102. She argued that she and her counsel did
not detect, and the court bailiff did not report, an issue related to Husband's
sobriety. Husband filed a reply asserting that the court did not approve the
settlement agreement at the August 21, 2023 hearing.
[6] On February 8, 2024, the court issued an order denying Husband's request to
repudiate the settlement agreement. It found the parties, under oath, assented
to the terms of the agreement which had been recited in open court and had
agreed that the agreement was effective August 21, 2023. It noted that, at the
August 21 hearing, it found that "the marriage had suffered an irretrievable
breakdown, it shall be dissolved and the parties would be restored to the status
of unmarried persons," "[t]here was nothing left for the Court to take under
advisement, to consider or approve," and "[t]he Court clearly approved the
Court of Appeals of Indiana | Memorandum Decision 24A-DN-580 | August 7, 2024 Page 5 of 15
parties' agreement and was waiting to sign the decree/orders upon receipt from
[Wife's counsel]." Id. at 162. The court further stated: "Giving Husband until
October 23, 2023 to file a written objection was in no way an indication that the
Court had not already approved the agreement. The Court simply wanted to
provide [Husband] with an opportunity to make sure there were no
typographical errors as he was no longer represented by counsel." Id. The
court also stated that it gave no weight to Husband's assertion that he felt
pressured and forced by his counsel to agree to the terms read into the record or
to any insinuation that Husband was under the influence of alcohol, it viewed
Husband's demeanor and actions, and there was no indication he was under
any influence of alcoholic beverages.
[7] Also on February 8, 2024, the trial court signed a decree of dissolution
providing in part:
The parties appeared on August 21, 2023, for final hearing on the
issue of the division of [Husband's] military pension. . . . After the
presentation of some evidence, by way of testimony elicited from
[Wife], and after a brief recess, the parties reported that an agreement
had been reached as to the division of [Husband's] military pension.
The COURT DOES NOW APPROVE as the Court's findings the
parties' stipulations and agreement as to the division of [Husband's]
military pension.
*****
The COURT FURTHER FINDS that [Husband's] entire military
pension (and the terms attendant thereto, such as COLA) shall be
divided equally between the parties and that a separate order entitled
Court of Appeals of Indiana | Memorandum Decision 24A-DN-580 | August 7, 2024 Page 6 of 15
Military Retired Pay Division Order shall be entered which provides
for the equal division of [Husband's] military retirement pension.
The COURT FURTHER FINDS that [Husband] shall pay the sum
of $36,500 which represented [his] share of net proceeds from the sale
of the former marital residence to [Wife] in order to compensate [her]
for her share of the pension benefits paid to [Husband] during the
pendency of this action as well as the sum of $5,600 which shall be
paid by [Husband] to [Wife] in equal installments over a one year
period commencing with the entry of the decree of dissolution.
*****
SIGNED: February 8, 2024; EFFECTIVE August 21, 2023.
Id. at 153-154.
Discussion
[8] Husband argues the trial court erred in incorporating the settlement agreement
regarding the division of his military pension into its dissolution decree because
he timely repudiated the agreement. He argues the court gave him until
October 23, 2023, to file an objection and he filed his notice of repudiation on
October 20, 2023. He argues he had a right to repudiate the agreement under
Ind. Code § 31-15-2-17, Akers v. Akers, 849 N.E.2d 773 (Ind. Ct. App. 2006),
and McClure v. McClure, 459 N.E.2d 398 (Ind. Ct. App. 1984). Wife argues
"[t]he written decree was only a formality since the parties had agreed on
everything," Appellee's Brief at 15, and cites Sanders v. Sanders, 105 N.E.3d
1102 (Ind. Ct. App. 2018).
Court of Appeals of Indiana | Memorandum Decision 24A-DN-580 | August 7, 2024 Page 7 of 15
[9] Ind. Code § 31-15-2-17(a) provides that, "[t]o promote the amicable settlements
of disputes that have arisen or may arise between the parties to a marriage
attendant upon the dissolution of their marriage, the parties may agree in
writing to provisions for . . . the disposition of any property owned by either or
both of the parties[.]" Ind. Code § 31-15-2-17(b) provides "the terms of the
agreement, if approved by the court, shall be incorporated and merged into the
decree and the parties shall be ordered to perform the terms[.]"
[10] In Akers, the husband filed a petition to modify child custody, child support,
and parenting time. 849 N.E.2d at 774. The wife and husband, their attorneys,
and the judge discussed a settlement in the judge's chambers. Id. A few days
later, the wife filed a motion asking the court to reject the agreement and
schedule a hearing, and one week before the scheduled hearing she filed a
notice stating that she wished to repudiate the agreement. Id. The husband
submitted a proposed order, to which the wife objected, and the court signed
the order. Id. On appeal, the wife argued the trial court erred in approving the
alleged settlement agreement as she had already repudiated it. Id. This Court
referred to Ind. Code § 31-15-2-17 and held:
This Court has concluded that the statute envisions a "simple two-
step process necessary to bring a valid . . . settlement agreement into
existence[.]" McClure[,] 459 N.E.2d [at] 401 [] (addressing Indiana
Code § 31-1-11.5-10 . . . , the predecessor to Indiana Code § 31-15-2-
17, in context of property settlement agreement). First, the plain
language of the statute requires a written agreement. Id. at 400.
Court of Appeals of Indiana | Memorandum Decision 24A-DN-580 | August 7, 2024 Page 8 of 15
Second, "once there is such an agreement between the parties, it is
not effective until approved by the court[.]"[3] Id.
*****
We believe that the writing requirement of Indiana Code § 31-15-2-17
can be satisfied in two ways. First, and most obviously, the parties
can produce and sign a written document containing the terms of
their agreement. The second way was suggested by Judge Sullivan,
writing in concurrence in McClure. He wrote: "While the agreement
may not have been reduced to writing in a separate document and
signed by the parties as well as by counsel, the agreement became
binding upon the parties when it was stipulated into the record."
McClure, 459 N.E.2d at 401 (Sullivan, J., concurring). We agree with
Judge Sullivan that the writing requirement of Indiana Code § 31-15-
2-17 can be satisfied by orally stipulating the terms of the settlement
agreement into the court record. The parties themselves, their
attorneys, or the trial court can recite the terms of the agreement in
open court, and the parties can then acknowledge, under oath, their
assent to those terms. Placing the agreement on the trial court record
by way of a voice recording and/or the court reporters' transcript is
tantamount to composing a written settlement document in that both
procedures produce tangible proof of the terms of the agreement.
Under Indiana Code § 31-15-2-17, until the parties' agreement is
memorialized either in writing or on the trial court record, there is
nothing for the trial court to approve, and either party is free to
repudiate the alleged agreement. See Eddings [v. Eddings], 437 N.E.2d
[493,] 494 [(Ind. Ct. App. 1982)].[4]
3
In McClure, this Court found that the trial judge's comments at a hearing made "the existence of a signed
agreement a condition precedent to his approval of the agreement" and that the wife repudiated the agreement
before the two-step process was complete. 459 N.E.2d at 401.
4
In Eddings, the wife signed a document which purported to divide the marital estate, "[l]ater, after securing
counsel to contest the dissolution, she clearly and unequivocally repudiated the document both prior to and
during the trial," and this Court held "the alleged agreement was not eligible to be approved and
incorporated into the dissolution decree." 437 N.E.2d at 494.
Court of Appeals of Indiana | Memorandum Decision 24A-DN-580 | August 7, 2024 Page 9 of 15
Id. at 775-776 (footnote omitted). We observed that the parties' agreement was
neither presented to the trial court in written form nor orally recited in open
court, found that, by the time the husband's attorney presented the agreement
to the trial court, the wife had already repudiated it and therefore there was
nothing for the court to approve, and reversed the court's decision to
incorporate the alleged agreement into its modification order. Id. at 776.
[11] In Sanders, at a final hearing in a dissolution proceeding, the terms of a property
settlement agreement were read into the record after which both parties agreed
to the terms. 105 N.E.3d at 1103. The trial court granted the dissolution
petition that day and directed the preparation of a dissolution order that
incorporated the terms of the agreement. Id. About a month later, the wife
moved to repudiate the settlement, which the court denied. Id. at 1103-1104.
On appeal, the wife asserted the court's adoption of the oral agreement into its
dissolution decree was erroneous because, among other reasons, the agreement
was not reduced to writing before approval by the court, and she timely
repudiated the agreement. Id. at 1106. With respect to the writing requirement,
this Court cited the discussion in Akers related to the ways in which the writing
requirement of Ind. Code § 31-15-2-17 can be satisfied. Id. at 1107. We
concluded that the recitation of the terms of the agreement read in open court,
followed by the wife's assent under oath to the terms, satisfied the writing
requirement in Ind. Code § 31-15-2-17(a). Id.
[12] With respect to the whether the wife timely repudiated the agreement, we held:
Court of Appeals of Indiana | Memorandum Decision 24A-DN-580 | August 7, 2024 Page 10 of 15
As we noted in McClure, there is a "simple two-step process necessary
to bring a valid property settlement agreement into existence[,]"
namely that (1) the parties must come to a valid agreement and (2)
the trial court must approve it. McClure, 459 N.E.2d at 401. Until a
property settlement agreement is approved by the trial court, it can be
repudiated by a party. See id. ("[O]ur decision is grounded solely on
error by the trial court in approving an agreement that was timely
repudiated.").
Here, the terms of the Agreement were read in open court and the
parties agreed to them, after which the trial court explicitly approved
it, stating on the record that "[a]ll property and debts are divided in
accordance with the agreement[.]" The trial court also made it
abundantly clear that its judgment was to be effective immediately,
stating that the parties "are restored to the status of unmarried
persons effective immediately" and, "In other words, the divorce is
granted today." The trial court's CCS entry indicating that [the
husband's] counsel was to prepare a dissolution decree to be
submitted later but dated . . . the date of the final hearing . . . further
indicates that it considered the matter settled. [The wife's]
repudiation came over one month after the trial court approved the
Agreement at the final hearing, which is too late.
We acknowledge that some of our precedent indicates that the cutoff
for repudiation is not when the property settlement is approved by
the trial court but when the dissolution decree is issued. See, e.g.,
Anderson v. Anderson, 399 N.E.2d 391, 398 (Ind. Ct. App. 1979)
("Hence, a settlement agreement that has not been approved by the
dissolution court and incorporated and merged into the decree has no
legal efficacy.").[5] Under the circumstances of this case, at least, the
5
In Gabriel v. Gabriel, this Court noted that "[o]ur meaning" in Anderson was that "a party is not bound to
comply with a settlement agreement unless and until it is accepted by the dissolution court and made a part
of the decree" and that "[n]either Anderson nor Eddings confer on parties to a settlement agreement an
absolute right of repudiation prior to trial court approval of the agreement," "[w]ere it otherwise, the public
policy favoring the amicable settlement of disputes by written agreement would be thwarted," and "[a]s
would be the case here, one party might reap all the benefit from the substantial performance of an agreement
Court of Appeals of Indiana | Memorandum Decision 24A-DN-580 | August 7, 2024 Page 11 of 15
actual issuance of the decree was little more than a formality, as the
trial court made it clear that its judgment was to take effect
immediately with a decree detailing the judgment to be issued later.
Granting relief to [the wife] on the basis that the terms of the
Agreement had not yet been incorporated into the decree when she
objected would elevate form over substance in this case. [The wife]
has failed to establish that she timely repudiated the Agreement.
Id. at 1108 (citations to record omitted).
[13] Here, with respect to the writing requirement of Ind. Code § 31-15-2-17, the
record reveals that Husband's counsel recited the parties' agreement related to
the division of Husband's military pension and that Husband and Wife, who
were under oath, indicated in open court that they agreed to the recited terms.
Based on Akers and Sanders, we find that the writing requirement of Ind. Code §
31-15-2-17 was satisfied.
[14] We next address whether Husband timely repudiated the agreement. At the
August 21, 2023 hearing, Husband's counsel stated that the parties had reached
an agreement "to resolve all pending matters before the Court," when asked
about the entry of the final decree Husband's counsel stated the "entry of the
final decree is today," and the court replied, "Okay." Transcript Volume II at
65. The terms of the parties' agreement related to the pension were recited in
open court, the parties expressly agreed to the terms, and the trial court stated
yet repudiate it to the other party's detriment prior to court approval." 654 N.E.2d 894, 898 (Ind. Ct. App.
1995), trans. denied.
Court of Appeals of Indiana | Memorandum Decision 24A-DN-580 | August 7, 2024 Page 12 of 15
"[t]he Court, having found it has jurisdiction over the parties and of the
marriage, does now hereby find that the marriage of the parties has suffered an
irretrievable breakdown, it shall be dissolved and the parties shall be restored to
the status of unmarried persons." Id. at 67. The court asked Wife's counsel to
submit "the proposed decree and whatever additional decree or orders are
necessary to divide the military pension" and stated, "[u]pon receipt of those
documents, I will sign those[.]" Id. The transcript of the August 21, 2023
hearing shows that the trial court and the parties considered the matter of the
division of Husband's pension to be settled and that the subsequently-signed
decree would merely reflect the terms of the parties' agreement. 6
[15] As for the court's October 9, 2023 CCS entry stating that Husband had until
October 23 to file an objection to the proposed decree, in light of the comments
by the court, the parties, and counsel at the August 21, 2023 hearing, we cannot
conclude that the trial court by its entry provided Husband with the option to
reconsider and withdraw his assent to the substantive terms of the settlement
agreement which he entered on the record. Rather, we read the entry as giving
Husband the opportunity to object to the extent the proposed decree did not
correctly reflect the terms of the parties' agreement in court or there was some
other misstatement or error in the proposed decree. On this record, it is clear
that the entry of the decree was merely a formality to reflect the parties'
6
Indeed, the dissolution decree provided "the marriage of the parties is dissolved as of August 21, 2023,"
and indicated that, while the court signed the decree on February 8, 2024, it was "EFFECTIVE August 21,
2023." Appellant's Appendix Volume II at 154.
Court of Appeals of Indiana | Memorandum Decision 24A-DN-580 | August 7, 2024 Page 13 of 15
settlement agreement and the court's order of dissolution effective on August
21, 2023.
[16] Based on the record, and in light of the case law above, we find that the trial
court did not err in denying Husband's request to repudiate his agreement
regarding the division of his pension and in entering the decree of dissolution of
marriage. 7
[17] For the foregoing reasons, we affirm.
[18] Affirmed.
May, J., and Pyle, J., concur.
ATTORNEYS FOR APPELLANT
Bryan L. Ciyou
Ciyou & Associates, P.C.
Indianapolis, Indiana
Anne Medlin Lowe
Fugate Gangstad Lowe, LLC
Carmel, Indiana
ATTORNEYS FOR APPELLEE
David W. Stone IV
Stone Law Office & Legal Research
Anderson, Indiana
7
Because we affirm the decree of dissolution and its terms related to the division of Husband's pension based
on the parties' settlement agreement, we do not address Husband's arguments that the trial court abused its
discretion in dividing the pension and in not applying a coverture fraction.
Court of Appeals of Indiana | Memorandum Decision 24A-DN-580 | August 7, 2024 Page 14 of 15
Joanne M. Kolbe
Law Offices of Joanne M. Kolbe
Attorney at Law, P.C.
Warsaw, Indiana
Court of Appeals of Indiana | Memorandum Decision 24A-DN-580 | August 7, 2024 Page 15 of 15