Mary K. Heckaman - Page 11




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          Superior Court, supra, and concluded that under Indiana law only            
          three narrow exceptions exist to the general rule that all                  
          divorce proceedings terminate on the death of one of the parties.           
          None of those exceptions are present in petitioner’s case.  It              
          follows, therefore, that the provisional order here in issue                
          would have ceased to have any effect in the event of petitioner’s           
          death and that Mr. Heckaman’s obligation to make any payments               
          pursuant to it would have necessarily terminated.                           
               Further, what is most pertinent to our inquiry is that under           
          Indiana law a provisional order is simply for the purpose of                
          maintenance and is distinct from a property settlement.  Numerous           
          Indiana cases have held that “maintenance” is for the purpose of            
          supporting the receiving spouse.  See Thatcher v. Thatcher, 496             
          N.E.2d 411 (Ind. Ct. App. 1986); Hicks v. Fielman, 421 N.E.2d               
          716, 721 (Ind. Ct. App. 1981); Wendorf v. Wendorf, 366 N.E.2d               
          703, 705 (Ind. Ct. App. 1977).  “It follows that maintenance, the           
          only other mechanism for transferring money, has no purpose other           
          than the support of the receiving spouse”.  Hicks v.                        
          Fielman, supra at 721.                                                      
               Fitzgerald v. Travelers Ins. Co., supra at 162, states:                
               Unlike a final decree which is entered after either a                  
               full hearing on all of the issues or after negotiation                 
               and agreement by the parties, a provisional order is                   
               only designed to maintain the status quo of the                        
               parties.  I.C. 31-1-11.5-7(f).  Thus a final decree                    
               divides the parties’ property, whereas a provisional                   
               order does not.                                                        





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