Indiana Divorce Guide

Dividing Marital Property

In the divorce or separation process the Dividing marital propertyparties will have an opportunity to reach a divorce settlement of their marital assets and debts. Should they be unable to reach a divorce settlement, the court will divide the property of the parties, separating the pre-marital assets from the marital assets, and do so in an equitable fashion, although that may result in an uneven division. The court will presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal division would not be just and reasonable:

  • The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing
  • The extent to which the property was acquired by each spouse before the marriage or through inheritance or gift
  • The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children
  • The conduct of the parties during the marriage as related to the disposition or dissipation of their property
  • The earnings or earning ability of the parties as related to a final division of property and a final determination of the property rights of the parties

Save yourself the hassle by downloading divorce forms here

In an action for dissolution of marriage, the court will divide the property of the parties, whether:

  • owned by either spouse before the marriage
  • acquired by either spouse in his or her own right after the marriage and before final separation of the parties; or acquired by their joint efforts

The court will divide the property in a just and reasonable manner by:

  • division of the property in kind
  • setting the property or parts of the property over to one (1) of the spouses and requiring either spouse to pay an amount, either in gross or in installments, that is just and proper
  • ordering the sale of the property under such conditions as the court prescribes and dividing the proceeds of the sale; or
  • ordering the distribution of benefits described in IC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable after the dissolution of marriage, by setting aside to either of the parties a percentage of those payments either by assignment or in kind at the time of receipt. [IC 31-15-7-4]

You will get ONE shot at winning custody – Learn How Here

[Indiana Code – Title 31 – Article 15 – Chapters: 7]

Share this page with friends on social media

Site AdminIndiana Divorce Guide